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Partner Visa whiles divorce is pending

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MdaraWacho
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Joined: Thu Aug 13, 2020 8:43 am
Mozambique

Partner Visa whiles divorce is pending

Post by MdaraWacho » Thu Aug 13, 2020 8:51 am

Dear Seniors,

I married someone outside the country and she joined me on a spouse visa 3 years ago, unfortunately the marriage broke down and i petitioned for divorce last year which is pending because she does not want to sign it and i have no choice but wait for the new divorce laws likely to come to effect in 2021. I did a lot of travelling after and i met someone and we hit it off. at the moment i travel but i would want to invite her as i have moved on and would like to know the best visa for us to apply for her to visit?

Your advise will be appreciated.

Regards

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Partner Visa whiles divorce is pending

Post by geoeng » Thu Aug 13, 2020 10:14 am

You will not be able to sponsor her for a partner visa if you are still married to someone else. So, you would have to consider other visa options (work, visit, youth mobility scheme, etc.) depending on her eligibility. Keep in mind that you need to inform the Home Office of the breakdown of your previous relationship, if you have not already done so.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

MdaraWacho
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Posts: 2
Joined: Thu Aug 13, 2020 8:43 am
Mozambique

Re: Partner Visa whiles divorce is pending

Post by MdaraWacho » Thu Aug 13, 2020 10:41 am

geoeng wrote:
Thu Aug 13, 2020 10:14 am
You will not be able to sponsor her for a partner visa if you are still married to someone else. So, you would have to consider other visa options (work, visit, youth mobility scheme, etc.) depending on her eligibility. Keep in mind that you need to inform the Home Office of the breakdown of your previous relationship, if you have not already done so.
Thank you for the reply. Yes i informed home office. I thought since i had informed HO then i could sponser her as unmarried partner?

If this is not the case then visitor visa will be best youth mobility scheme is out coz she is 30 going 31

Thanks

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CR001
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South Africa

Re: Partner Visa whiles divorce is pending

Post by CR001 » Thu Aug 13, 2020 10:55 am

Thank you for the reply. Yes i informed home office. I thought since i had informed HO then i could sponser her as unmarried partner?
An unmarried partner visa requires rock solid substantial evidence that you have lived together in a 'relationship akin to marriage' for a minimum of TWO years. If you do not meet this mandatory requirement, an application will be refused.
If this is not the case then visitor visa will be best youth mobility scheme is out coz she is 30 going 31
Only certain nationalities qualify for the youth mobility scheme visa. You don't state what her nationality is to comment on whether she qualifies or not. She must apply for such a visa up to the age of 30 and meet all the other mandatory requirements.

https://www.gov.uk/tier-5-youth-mobility

Visitor visa requires her to prove her strong ties to her home country, i.e. job, financial, family, property etc etc. She cannot switch to any other visa while in the UK on a visitor visa either.

p.s. you should also be aware there is another username posting recently from your static IP address detailing the marriage breakdown, divorce and visa curtailment.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

geoeng
Senior Member
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Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Partner Visa whiles divorce is pending

Post by geoeng » Thu Aug 13, 2020 11:31 am

MdaraWacho wrote:
Thu Aug 13, 2020 10:41 am
youth mobility scheme is out coz she is 30 going 31
If she meets the nationality requirements mentioned (amongst other requirements) she would have to be under 31 at the date of application - 30 is an eligible age.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: Partner Visa whiles divorce is pending

Post by seagul » Thu Aug 13, 2020 11:58 am

MdaraWacho wrote:
Thu Aug 13, 2020 8:51 am
i petitioned for divorce last year which is pending because she does not want to sign it

Regards
Divorce can still proceed if you have received any confirmation from her even via informal channel such as text message/whatsapp/email etc. If it is not available then by spending some additional cost you can consider to instruct the function of "process server" usually offered by many companies cost around £100-200. They will physically go to her and serve the divorce papers and will become the witness that respondent have actually received these papers which is sufficient to proceed to next phases. In all subsequent processes no reply is essentially needed which automatically gets converted into as if it is accepted to respondent without any objection after 21 days.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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