Fiancé visa

[Ze210]

Hi everyone .

My fiancé had religious marriage 20 years ago and stayed with his ex for short time only . He moved to another city and didn’t stay in touch with her .
Just recently his cousin informed us that that paper was used that time for her in immigration so she stay in country .We are not even sure if it’s legal here and if immigrations can find out about it . The woman got remarried now and have kids with another man . But for us this is a big problem as we were about to apply for spouse visa, knowing that if immigration will find out about it our application will get refused and we can have further issues. He is planning to file for divorce , so I should stay in my country for next 6-8 months ( and I’m pregnant ) until he gets divorce certificate , which would be very difficult for both of us . Is there a chance that we apply for fiancé visa while his divorce is in process , and we marry here in Uk once it’s finalized . Can the application be rejected on this base ?

Your advice will be highly appreciated as we feel hopeless.

[CR001]

My fiancé had religious marriage 20 years ago

Where did the religious marriage take place, UK or abroad? Presumably you mean an Islamic Marriage ceremony?

He is planning to file for divorce , so I should stay in my country for next 6-8 months ( and I’m pregnant ) until he gets divorce certificate , which would be very difficult for both of us . Is there a chance that we apply for fiancé visa while his divorce is in process , and we marry here in Uk once it’s finalized . Can the application be rejected on this base ?

You cannot apply for the fiance visa until he is divorced or at past the Decree Nisi certificate stage. A fiance visa is only valid for 6 months and you must marry within that time. A UK divorce can take many months to complete.

What is the immigration status in the UK of your fiance?

[Ze210]

My fiancé had religious marriage 20 years ago

Where did the religious marriage take place, UK or abroad? Presumably you mean an Islamic Marriage ceremony?

He is planning to file for divorce , so I should stay in my country for next 6-8 months ( and I’m pregnant ) until he gets divorce certificate , which would be very difficult for both of us . Is there a chance that we apply for fiancé visa while his divorce is in process , and we marry here in Uk once it’s finalized . Can the application be rejected on this base ?

You cannot apply for the fiance visa until he is divorced or at past the Decree Nisi certificate stage. A fiance visa is only valid for 6 months and you must marry within that time. A UK divorce can take many months to complete.

What is the immigration status in the UK of your fiance?

My fiancé had religious marriage 20 years ago

Where did the religious marriage take place, UK or abroad? Presumably you mean an Islamic Marriage ceremony?

He is planning to file for divorce , so I should stay in my country for next 6-8 months ( and I’m pregnant ) until he gets divorce certificate , which would be very difficult for both of us . Is there a chance that we apply for fiancé visa while his divorce is in process , and we marry here in Uk once it’s finalized . Can the application be rejected on this base ?

You cannot apply for the fiance visa until he is divorced or at past the Decree Nisi certificate stage. A fiance visa is only valid for 6 months and you must marry within that time. A UK divorce can take many months to complete.

What is the immigration status in the UK of your fiance?

Thank you for your answer .


Marriage was here in Uk , she is Pakistani and he is British national .

We don’t even know for what she have used it and if it was legal than how she remarried again ( again just religiously we assume ) without having to divorce him .
And if immigration can have hold of it as it was 20 years ago . And they haven’t been together since then .

Do you know How long usually it takes to get decree nisi ?

[CR001]

An Islamic Religious marriage conducted in the UK is not recognised by HO.

If they got married under British law in a church or registry office, then it would be recognised.

A decree nisi is not a final divorce certificate, it is step 2 in the process. This is the step that takes place 6-8 weeks before the final divorce Decree Absolute is issued. A UK divorce can take a long time.

[Ze210]

If religious marriage isn’t recognised by Uk law ,is it possible to be used in immigration for her stay ? Even though it was 20 years ago , where uk law probably have changed since then

[CR001]

If religious marriage isn’t recognised by Uk law ,is it possible to be used in immigration for her stay ? Even though it was 20 years ago , where uk law probably have changed since then

An Islamic religious marriage has never been recognised in the UK as it is not conducted under British law.

I cannot comment on what his previous wife did or used it for.

[Ze210]

CR001 thank u for your time .
Any advice is really appreciated as we feel stuck and without any idea , all what we know is not wanting to stay apart for so long .

[seagul]

I guess 20 years ago as well the HO policy was same that they hadn't recognized Islamic marriage in UK. Is she living illegally in UK from 20 years, if so then she might get ILR/discretionary leave based on 20 years of illegal stay in UK.