Tier2 spouse visa without divorcing 1st wife

[noajthan]

If you live and work in UK and have been in UK more than approx 3 months the chances are you are habitually resident in UK:
https://www.citizensadvice.org.uk/benef ... n-is-made/

Hi noajthan,

It is mentioned clearly on my visa that I am not eligible to claim any benifits and also I am a restricted to work within the duration of my visa for a specific employer. I have to leave UK after that. Is this article only applicable to EEA national?

I posted the article as an example of questions to answer to determine habitual residence - its not about EEA or benefits per se. The questions or test would apply to anyone, even BCs.

[info-seeker]

Can I invite my new partner on a general visitor visa to UK before we get married. I am going to inform UKVI before this with the notarised copies of my Talaq. But I want to know if there is going to be any issues with her visa application.

[Casa]

In order for a visitor visa to be granted your partner will have to submit evidence of strong ties to her home country in order to convince the ECO that she won't overstay.

What strong ties can she show?

[info-seeker]

In order for a visitor visa to be granted your partner will have to submit evidence of strong ties to her home country in order to convince the ECO that she won't overstay.

What strong ties can she show?

If I mention that she is a friend of mine visiting UK just to spend time during her holidays, would that be ok? If she mention she has to take some exams after that period back in India would that be a valid reason?

[Casa]

If you describe her as a friend and then further down the road apply for a spouse or fiance visa, you'll have dug yourself into a deep hole. Especially when a settlement visa requires you to give a history of your relationship.

Bear in mind that all information given in visa applications is held on record and is cross-checked.

Ongoing study can be given as reason to return, but on it's own it may not be sufficient. How long are you intending she will stay in the UK?

[info-seeker]

Please correct me if I am wrong. Can friends get into a relationship later on? If I apply for a spouse visa it may requires marriage certificates etc. Which may take a long time and I don't want to rush to get into marriage at this stage. My understanding about finace visa is for someone who is planning to marry a UK citizen.

If we get married after getting a visitor visa, can we still apply for a spouse visa later on after she go back to India?

[info-seeker]

Is it possible for admin to view my password and account?

[Casa]

Is it possible for admin to view my password and account?

If you mean the Moderating team, we are unable to view your password but we can see your IP and email address. These however are never disclosed to third parties.

[info-seeker]

I feel my account has been compromised then. I can't change my password too

[Casa]

I feel my account has been compromised then. I can't change my password too

What makes you feel this?

[info-seeker]

I can't change my password. And I noticed earlier my message was replied as like I edited it.

[Casa]

Members are unable to edit other members' posts and as the only Moderator online for most of the evening, I've haven't edited anything.

I'm sure there's a way to change your password but I'll have to check the procedure once another Moderator who may know, logs-on.

[CR001]

I can't change my password. And I noticed earlier my message was replied as like I edited it.

Which message or post would this be that you are referring to and what is the 'edit' you refer to?

See I have lost my password (click)

Unlikely your account has been compromised unless you did not log out in an internet cafe for example of if you share your computer with others.

[info-seeker]

Decree Absoute for marriage outside UK

Hello,

I have been wandering through this forum for some answers for a couple of my questions. Could anyone help me please?

I am a muslim married outside UK and divorced outside UK as per Islamic divorce (Talaq). I had never applied for a spouse visa before. However when my wife had visited me in the UK for 2 months, she came as a family visitor.

1. Do I still need a decree absolute from UK or my own country for applying for a spouse visa for my new partner?
2. If I use the copies of my Talaq as an evidence of my divorce and apply for a spouse visa for my new partner woud that be acceptable?
3. In my country decree absoute is not necessary for a legal divorce as Islamic divorce is legal. Could this justify my application?
4. If it take along time to get the decree absolute, could I apply for a general visitor visa for my girl friend? Is there any possibility to get the visa if I do so? Can I bring her to UK before we get married on any other visa?
5. Would it help if I inform UKVI as early as possible about the divorce? If so is there any procedure for that? eg: https://www.gov.uk/government/publicati ... nsent-form

Much appreciate your responses.

kind regards
info-seeker.

[Casa]

All of these questions have been answered earlier in this thread.

[info-seeker]

All of these questions have been answered earlier in this thread.

really

[Casa]

All of these questions have been answered earlier in this thread.

really

I do believe that if you read through the thread you'll find they have.

[Casa]

Was it a bare Talaq divorce

2.2.2 Under s.46(2) the validity of an overseas divorce obtained otherwise than by
means of proceedings (eg a bare Talaq divorce where the husband declares 3 times
"I divorce thee") shall be recognised if:
a. the divorce is effective under the law of the country in which it was obtained; and
b. at the date on which it was obtained:
i. each party to the marriage was domiciled in that country; or
ii. either party to the marriage was domiciled in that country and the other
party was domiciled in a country under whose law the divorce is recognised
as valid; and
c. neither party to the marriage was habitually resident in the United Kingdom
throughout the period of one year immediately preceding that date;

https://www.gov.uk/government/uploads/s ... ivorce.pdf

[info-seeker]

Dear Casa,

I am planning to take an appointment with a barristor. However I would say the questions I have asked here are not answered completly.

Dear Casa,
I am planning to take an appointment with a barrister. However, I would say the questions I have asked here are not answered completely. That thread you have posted is about bare Talaq.

“Part II of the Family Law Act 1986, which came into force on 4 April 1988, provides criteria for the recognition in the United Kingdom of foreign divorces. Under s.46(1) the validity of an overseas divorce
obtained by means of proceedings shall be recognized if:
a. the divorce is effective under the law of the country in which it was obtained; and
b. at the date of the commencement of the proceedings either party to the marriage
was:
i. habitually resident in the country in which the divorce was obtained; or
ii. ii. domiciled in that country; or
iii. iii. a national of that country. “

Me and my ex both are not uk nationals. And proceedings are not defined explicitly as legal proceedings through a court in this paragraph. In India divorce proceedings are done via Mosque among muslim community through mediators. And it is legally valid in this country. This is the confusing part for me in that document URL you have shared.

Any comments?

[Casa]

A Barrister! Why are you consulting a Barrister? You're not entering into a High Court case.

You need a solicitor specialising in UK immigration law, or an OISC registered Immigration Advisor.