Time between sponsorships

[Irri]

I read something somewhere about there being a period after you have sponsored someone where you are not allowed to sponsor another person.

I sponsored my spouse 2 years ago. Do I have to wait before I can sponsor an unmarried partner?

[CR001]

Are you divorced from the spouse you sponsored? Have you lived with your new partner (assuming you are divorced) for two years in a relationship akin to marriage?

[Irri]

I will be divorced from my spouse in a couple of weeks. I have lived with the person I wish to sponsor for 4 years. It's the same person.

[The Station Agent]

Eh? You're divorcing the spouse and then want to sponsor her as your partner?

[Irri]

I'm just interested to know if it's an option. We lived together for 2 years and wanted to apply for an unmarried partner visa, but we didn't have enough proof. The only option was to get married, but we weren't ready and it ultimately destroyed our relationship. We're both a little worried that once we're divorced we may feel differently, and ironically, we now have enough proof.

[Casa]

If you're still living together and your spouse has almost completed the 2 years to qualify for ILR why on earth didn't you wait until ILR had been granted? You would then have avoided re-applying immediately for an Unmarried Partner Visa with the risk of refusal. If the relationship isn't subsisting (hence the divorce) an application as unmarried partners (meaning it is subsisting) would be viewed with suspicion.

[Irri]

I understand that it sounds crazy. We're not actually living together, though we have proof that we are. It's complicated, but the trouble started about 18 months before ILR would have been granted. It takes a while to get divorced.

[Casa]

Can you see my point? You can't on one hand say that the relationship has broken down and you've have divorced...and on the other, apply for an Unmarried Partner visa on the grounds that you have been living together for 2 years in a relationship akin to marriage...which you haven't.
You say that although you're living apart, you have 'proof' that you're living together. Believe me, the UKBA are experts are uncovering false evidence.

[CR001]

I will be divorced from my spouse in a couple of weeks. I have lived with the person I wish to sponsor for 4 years. It's the same person.

We're not actually living together, though we have proof that we are.

Confusing statements above!! Deception as not 'really' living together so only post going to the same address??

A divorce in the UK does not take 18 months - it only takes about 3/4 months.

You would have done better to stick it out for 18 months to be honest.

[Irri]

I understand what you are both saying.

What constitutes as not living together? If the spouse stays over at a friend's house for a weekend or goes home for a week, is that it? The reality is that it has been on and off with the vast majority being spent living together. So it's not really false evidence.

We have in fact been together for 4 years in a marriage like relationship. Just because we get divorced, it doesn't mean there isn't a marriage like relationship. Marriages are tough enough, but unlike most people, we're not afforded the luxury spending time apart. Being forced together damaged our relationship to a point where divorce is the only option. We have tried for the last year to make it work, but emotions are irrational and powerful.

It doesn't take 18 months to get divorced, but you have to wait until you have been married for a year, then add a few months for it to go through and it quickly gets to 18 months.

I could still cancel the divorce, and guarantee that the relationship fails. It's a very complicated situation, and I'd rather not go into too much detail on an open forum. I'm just wondering if, in the unlikely situation that we decide it was a mistake, do we get a 2nd chance.

[CR001]

The one hurdle you will have to be aware of is that your wife/partner has to declare on the form whether she and/or her sponsor has been married before and provide proof of divorce if either/both have. assuming she will apply from within the UK, she will need to provide proof of immigration status (spouse visa).

it will be very obvious to ukba that something is not quite right with this scenario when both your names appear on all the paperwork.

you are responsible as the sponsor to inform ukba of the breakdown of reltionship. if you proceed with the divorce, once the decree absolute is granted, her visa is technically not valid as spouse of settled or bc person.