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Divorce & Remarriage

General UK immigration & work permits; don't post job search or family related topics!

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sampson
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Divorce & Remarriage

Post by sampson » Fri Sep 02, 2005 8:11 pm

A non EU friend of mine is currently married to a UK citizen and they live in the UK. Their marriage has broken down and they are getting divorced. They were married in the UK and have been married for less than 2 years so ILR has not yet been granted to the non EU person. After the divorce, are there restrictions on the non-EU person re-marrying another UK citizen and living in the UK?
Would it be easier to marry overseas and apply for a spouse visa, or re-apply for a fiance visa then a marriage visa and marry in the UK?
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John
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Post by John » Fri Sep 02, 2005 8:37 pm

By definition they cannot divorce in the UK until the marriage is at least one year old. And following the marriage in the UK the non-EEA person got their two-year spouse visa.

I have to ask .... how imminent is the Decree Absolute? And how much time left on the two-year spouse visa?
John
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sampson
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Post by sampson » Fri Sep 02, 2005 8:43 pm

John, the marriage is more than one year old.

The divorce has just started, so Decree Nisi has not even been granted yet.

There is a possibility that Decree Absolute could either happen right at the end of the 2-year visa period, or even overrun it if there are delays/complications.
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John
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United Kingdom

Post by John » Fri Sep 02, 2005 9:07 pm

The first thing I would say is that she must not overrun her visa. But there might be grounds for getting a temporary extension ... so that she can be in the UK to finalise the divorce? Anyone an opinion on that?

Should the Decree Absolute come through while she still has a valid visa ... with more than three months left on it ... well she could apply for a CoA ... Certificate of Approval to Marry in the UK. Apart from that she will need to depart from the UK then either get married abroad and apply for a spouse visa .... or apply for a fiancée visa and then get married in the UK.
John
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sampson
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Post by sampson » Fri Sep 02, 2005 9:17 pm

Thank you for that John.

Is it difficult to get a fiancee visa for a second time if the first marriage didn't last 2 years and ILR wasn't granted?

Please can you point me in the direction of the terms and conditions of the CoA.
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Marie B
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Post by Marie B » Sat Sep 03, 2005 12:51 pm

Click on this link for info about applying for a CoA:

http://www.ind.homeoffice.gov.uk/ind/en ... ed_in.html
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