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Fiance visa pending divorce

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Marriage | Unmarried Partners | Fiancé | Ancestry

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spouse2020
Newly Registered
Posts: 18
Joined: Fri Oct 09, 2020 4:26 pm
United Kingdom

Fiance visa pending divorce

Post by spouse2020 » Mon Jan 18, 2021 11:26 am

Hi,

I checked and this question was answered before but it is still not clear to me. Is it possible to apply for a fiance visa while a divorce is pending in a UK court?

Based on the following it seems that it is not possible:
E-ECP.2.9. (i) Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules; and

(ii) If the applicant is a fiancé(e) or proposed civil partner, neither the applicant nor their partner can be married to, or in a civil partnership with, another person at the date of application.


However, based on the following:
E-LTRP.2.1. The applicant must not be in the UK-

(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings


It seems that there is a kind of visa for the cases with a pending divorce. So, it is confusing. Even on the application form and in the question related to the marital status, you can choose "I am still married" and then the form says

"Please explain why they have not divorced or dissolved their partnership, for example, "They have filed for divorce, but have not received a decree absolute""

Anyone was in the same situation and applied while the divorce was pending or any clarifications?

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Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Fiance visa pending divorce

Post by Frontier Mole » Thu Jan 21, 2021 11:28 pm

If either party are not free to marry at the time of fiancé application then the application will be refused. Until you receive your decree absolute this is not a visa route you should follow.

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