Dependent visa for second wife - Divorce from earlier wife already given long back

Hello,

May I request your help to guide me, please?

I am a naturalised British Citizen now.

In 2010 ( while I was in Tier 2 visa) , I got married in India and my wife ( now ex-wife) came on dependent visa in the UK. Later we both got ILR in 2014. She moved out with other person in 2014 soon after ILR.

I got British citizenship in 2015 and I filed for a divorce in India in 2016 . After three month of filling divorce in India, I also resigned from my job in UK and relocated to India. I was in India during the case proceeding. I came back to the UK in Jan 2019 as I got good job offer and now got re-married in June 2019 ( re-marriage with new partner registered in India). I am in the process to apply family visa for my new wife now.

I saw in GOV.UK that for oversees divorce either partner should be habitually residing in the oversees country where divorce is filed or domiciled in that country.

a) I relocated to India three months after the divorce is filled in India and not at the start date of the divorce commencement. Will it cause an issue in visa of my new wife?
b) Do I need to provide any documents to show that I was in India during the divorce proceeding If yes, then what documents will suffice - passport entry stamp in India?
c) I came back to UK as I got a good job offer but eventually at this point my plan is to settle back to India in 7 to 9 years’ timeline - although I hold British passport. How I can mention that in my new wife’s visa and do I need to put that in the application?

I am looking forward for your guidance and counsel.

Cheers
Lin

4. SET13.4 Recognition of overseas divorces which took place on or after 4 April 1988


Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

it is effective under the law of the country in which it was obtained; and
at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.

That divorce maybe recognizable if your ex-wife hasn't naturalized as British citizen since you already naturalized as British citizen and given up your Indian citizenship before starting the divorce in India.

Thanks for your reply.

I am not sure whether my ex-Wife had received her naturalised British certificate by that time as we are not in touch since the day she left - she had ILR when she moved out.

As mentioned, I was staying in India during the case proceedings ( relocated few months after case commencement).

May I know the evidence I need to submit to showcase I was in India ?

Cheers
lin

Also, what documents do you all suggest to prove that I am domiciled now in other country and in the UK only for my job

Kindly suggest

Cheers
Lin

Hello Experts,

I have now submitted the family visa as spouse for my second wife. I have mentioned in the letter along with the application that my ex-wife was non-British citizen on the data on which divorce was filled in 2015 in home country. I don't know her current nationality and couldn't submit any proof that she was not British in 2015 as we don't have any communication.

I believe Home office can check, in their records, date from which she become British Citizen. As I couldn't provide any proof of her nationality in the 2015, do you think it may cause a issue in recognising the divorce taken outside the UK?

Please suggest and can I do something in preparation to reply to home office in case of any query raised about it? Please note I do not have any scope of contacting my ex-wife - don't her new email, address or phone number.

You guidance and suggestion will help me to live with my second wife in the UK.

Cheers
Lin