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Settlement visa - second marriage

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dontreeg
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Settlement visa - second marriage

Post by dontreeg » Thu Mar 24, 2016 2:15 pm

I have spoken to a few solicitors and immigration advisors in both UK and Thailand and have received mixed comments. Below is my situation, it is also quite a unique one!

I am a Thai national and been married to a British citizen since July 2012. We dated for 3 years and married for 3 years, I entered the UK on April 2014 via settlement visa. My visa will expire on 12th December 2016. We had difficult time in our marriage and since September 2015, I have been seeing my ex-boyfriend, whom I have known for 7 years. We are now very much in love and wish to be together properly. My boyfriend can meet the financial and accommodation requirements.

The marriage was registered in Bangkok, my soon to be ex-husband and I will fly back there to finalise the divorce paper on 7th April. My boyfriend will come to Thailand early May to register a marriage with me in Thailand. We then plan to submit UK settlement visa application around 2nd week of May.

In terms of supporting documents, my boyfriend and I had been friends since we broke up and had kept in contact. We would speak once or twice a year and I’ve kept our conversation since 2010. Since September 2015, we’ve also been chatting daily and see each other at least once a month. We’ve kept the hotel and transport bookings. I’ve recently met his mum and his close friends.

One of the immigration advisors in Thailand said that if he is a case worker, he would think that this is a marriage of convenience which I also do understand. However, do we have any chance at all given the circumstances? We just want to be together and not having to be separated for months and months. Any advice on what we should do to ensure that the visa is granted?

Thank you so much in advance!

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CR001
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Re: Settlement visa - second marriage

Post by CR001 » Thu Mar 24, 2016 2:20 pm

Why did you and your British spouse not divorce in the UK given that both of you are domiciled here?
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dontreeg
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Re: Settlement visa - second marriage

Post by dontreeg » Thu Mar 24, 2016 2:51 pm

The reason I decided to divorce in Thailand because one solicitor said that my soon to be ex husband can inform the Home Office when the relationship is broken down (eventhough we aren't divorced as yet but separated) and my visa could be curtailed. I was scared that I would have to go back to Thailand even before the divorce is finalised.

The flights and hotels have also been booked.... :(

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Re: Settlement visa - second marriage

Post by CR001 » Thu Mar 24, 2016 3:10 pm

Unlikely your visa would have been curtailed in a short space of time, it takes a few months.

I am not sure if HO will find it suspicious that you remarry in less than a month from the divorce being issued. Remember that you will have to submit the divorce certificate with your application.
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Re: Settlement visa - second marriage

Post by Casa » Thu Mar 24, 2016 3:38 pm

How long have you been separated from your husband? Technically, your spouse visa became invalid as soon as your relationship was no longer subsisting. The Case Worker may query why the Home Office wasn't notified of the marriage breakdown.
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dontreeg
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Re: Settlement visa - second marriage

Post by dontreeg » Thu Mar 24, 2016 4:12 pm

Hi Casa,

I didn’t inform the Home Office because we were still living in the same house and at the time, my husband did have hope that we could still work things out. During that time I was also seeing my boyfriend therefore shamefully, my relationship with my boyfriend was an affair.

I have just moved out at the end of February and I do plan to inform Home Office soon, before my departure to Thailand.

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Re: Settlement visa - second marriage

Post by CR001 » Thu Mar 24, 2016 4:14 pm

It is your British spouse's responsibility to inform HO and there is a procedure and form that needs to be followed.

https://www.gov.uk/government/publicati ... nsent-form
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Re: Settlement visa - second marriage

Post by dontreeg » Thu Mar 24, 2016 4:43 pm

Hi Char,

So in your view, you think I have little chance of getting the visa as the HO will either query why my husband didn't inform them about the breakfown or suspicion that new marriage is not genuine? Anything I can do at all to prevent this?

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Re: Settlement visa - second marriage

Post by avjones » Sat Mar 26, 2016 11:50 pm

What visa are you trying to get for your new husband?

You are on a spouse visa yourself, is that right? You can't get a spouse visa dependent upon a spouse visa!
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Re: Settlement visa - second marriage

Post by Casa » Sun Mar 27, 2016 10:30 am

avjones wrote:What visa are you trying to get for your new husband?

You are on a spouse visa yourself, is that right? You can't get a spouse visa dependent upon a spouse visa!
Amanda, I had to read it a few times but it seems that the OP's intention is for her boyfriend in the UK to sponsor a new spouse settlement visa for her. She doesn't say what her boyfriend's status is in the UK, whether British or settled.
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Re: Settlement visa - second marriage

Post by avjones » Tue Mar 29, 2016 7:40 pm

Casa wrote:
avjones wrote:What visa are you trying to get for your new husband?

You are on a spouse visa yourself, is that right? You can't get a spouse visa dependent upon a spouse visa!
Amanda, I had to read it a few times but it seems that the OP's intention is for her boyfriend in the UK to sponsor a new spouse settlement visa for her. She doesn't say what her boyfriend's status is in the UK, whether British or settled.

Ah! I didn't follow that at all, my bad
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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