Spousal Settlement - A Few Questions And Complications!

[Smiler]

Hello there everyone,

I was after a little advice regarding an upcoming application for spousal settlement. We would be looking to commence the process in March 2020.

Our situation:

My wife and I live abroad in Dubai. I am a UK citizen from birth, my wife is Argentinian. We were married in the US in July of 2018 but were co-habiting since April of 2018.

1) Is super priority visa service available for this type of application? or are we looking at priority visa service as the best option for us?

2) Any ideas at to timelines for either of the above (if applicable)?

3) Anyone else submitted their application from Dubai? Any tips or pitfalls?

4) With regards to financial requirements: I am currently earning a large salary overseas and will continue to do so. I am in the aviation sector and commuting is easily achieved from the UK. My income will remain to be in foreign currency with a foreign employer therefore I do not intend to show that I have a job offer on return to the UK. We already have a rental property in the UK secured since July 2019 and will live there full time. I have already shipped our furniture from Dubai to this UK address and informed HMRC. I'll simply leave the country for work and then return at some point the same week. Is this going to be a problem?

5) As mentioned above, we were married in July 2018. However, there is a fly in the ointment! I was previously married. My ex and I separated and commenced divorce proceedings in 2016, but I was not issued the divorce decree until July 2018. Despite calling the court several times and getting assurances it would be issued by a particular date and actually being told it was issued (and so we continued our wedding in the US), it turns out that the divorce date on the decree is ONE DAY AFTER my remarriage date!
So, do we go with that, having done it in good faith. Or do we get married again elsewhere? Incidentally this hasn't been an issue for residence permits etc abroad in the UAE. They looked on it favourably and my wife is here under my sponsorship. Just wondering how HM Gov will view this?
The other option is to not even submit an application as spouse, but rather as unmarried partners? However that to me is not a truth, whereas the above IS the truth, despite being unpalatable.

6) I sponsored my ex wife for UK residence. She had FLR (M) for the initial 2.5 years and then left the country and never returned. That was over 3 years ago and her 2.5 years are long since up.
Do I need to do anything else regarding her case? Obviously I have a divorce certificate and a date she left the country.

That's about it! I'd appreciate any insight and guidance you can muster

All the best,

Smiler

[seagul]

Hello there everyone,

I was after a little advice regarding an upcoming application for spousal settlement. We would be looking to commence the process in March 2020.

Our situation:

My wife and I live abroad in Dubai. I am a UK citizen from birth, my wife is Argentinian. We were married in the US in July of 2018 but were co-habiting since April of 2018.

1) Is super priority visa service available for this type of application? or are we looking at priority visa service as the best option for us?

2) Any ideas at to timelines for either of the above (if applicable)?

3) Anyone else submitted their application from Dubai? Any tips or pitfalls?

4) With regards to financial requirements: I am currently earning a large salary overseas and will continue to do so. I am in the aviation sector and commuting is easily achieved from the UK. My income will remain to be in foreign currency with a foreign employer therefore I do not intend to show that I have a job offer on return to the UK. We already have a rental property in the UK secured since July 2019 and will live there full time. I have already shipped our furniture from Dubai to this UK address and informed HMRC. I'll simply leave the country for work and then return at some point the same week. Is this going to be a problem?

5) As mentioned above, we were married in July 2018. However, there is a fly in the ointment! I was previously married. My ex and I separated and commenced divorce proceedings in 2016, but I was not issued the divorce decree until July 2018. Despite calling the court several times and getting assurances it would be issued by a particular date and actually being told it was issued (and so we continued our wedding in the US), it turns out that the divorce date on the decree is ONE DAY AFTER my remarriage date!
So, do we go with that, having done it in good faith. Or do we get married again elsewhere? Incidentally this hasn't been an issue for residence permits etc abroad in the UAE. They looked on it favourably and my wife is here under my sponsorship. Just wondering how HM Gov will view this?
The other option is to not even submit an application as spouse, but rather as unmarried partners? However that to me is not a truth, whereas the above IS the truth, despite being unpalatable.

6) I sponsored my ex wife for UK residence. She had FLR (M) for the initial 2.5 years and then left the country and never returned. That was over 3 years ago and her 2.5 years are long since up.
Do I need to do anything else regarding her case? Obviously I have a divorce certificate and a date she left the country.

That's about it! I'd appreciate any insight and guidance you can muster

All the best,

Smiler

1) Ask & check with VFS centre in Dubai
2&3) search the forum
4) your overseas income to meet the financial requirement will only be considered if you have confirmed job offer in UK going to start within 3 months after arriving otherwise 6 months old cash savings of £62500 can meet the requirement.
5) UKVI doesn't recognize a marriage where the both parties were not free to marry at the time of application.
6)Application form usually ask about previous marriage so just state her detail there.

[Smiler]

Thanks for taking the time to reply seagul.

1-3 I’ll do a bit more research myself. It seems that super priority is offered in Dubai but not for settlement.

4 I’m not so sure on. I think the purpose is to show that I am actually settling in UK with the applicant and we can afford to do so. That is absolutely our intent. But for the sake of an easier application I guess I’ll just get a job offer back in the UK for the required amount. I don’t have required savings to “skip” this step. Ex wife saw to that for me.

5 This was also my concern. So we will have to get married abroad somewhere else before the application takes place. Unmarried is not an option as then it throws up questions about my sponsorship of her in Dubai.

6 Great. That’s easy.

Any other input is greatly appreciated.

Smiler

[seagul]

Thanks for taking the time to reply seagul.

1-3 I’ll do a bit more research myself. It seems that super priority is offered in Dubai but not for settlement.

4 I’m not so sure on. I think the purpose is to show that I am actually settling in UK with the applicant and we can afford to do so. That is absolutely our intent. But for the sake of an easier application I guess I’ll just get a job offer back in the UK for the required amount. I don’t have required savings to “skip” this step. Ex wife saw to that for me.

5 This was also my concern. So we will have to get married abroad somewhere else before the application takes place. Unmarried is not an option as then it throws up questions about my sponsorship of her in Dubai.

6 Great. That’s easy.

Any other input is greatly appreciated.

Smiler

1-6) good idea