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Divorce and remarry - spouse visa

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rodrigoflima
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Portugal

Divorce and remarry - spouse visa

Post by rodrigoflima » Sat May 19, 2018 12:41 am

My girlfriend (brazilian) married a resident English and took the spouse visa. Now she wanna to divorce to remarry me (im portuguese).

1. They are not living together anymore
2. The husband don't wanna a divorce
3. Her document expires in jan 2019

How to proceed?
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CR001
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Re: Divorce and remarry - spouse visa

Post by CR001 » Sat May 19, 2018 9:05 am

Divorce in England when both spouses AGREE takes 6 to 7 months. When one does not, it will take considerably longer and your girlfriend will be an overstayer once her visa expires.

How long have you been in a relationship with her and living together??
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.
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rodrigoflima
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Posts: 2
Joined: Sat May 19, 2018 12:18 am
Portugal

Re: Divorce and remarry - spouse visa

Post by rodrigoflima » Mon May 21, 2018 11:49 am

CR001 wrote: ↑
Sat May 19, 2018 9:05 am
 How long have you been in a relationship with her and living together??
Approximately 10 months.
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Casa
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Re: Divorce and remarry - spouse visa

Post by Casa » Mon May 21, 2018 12:29 pm

Unless your girlfriend has grounds for petitioning for a divorce, if her husband doesn't agree she will need 5 years of separation.

Best seek advice from a family law practitioner.

You haven't been living together for the mandatory 2 years in a durable relationship 'akin to marriage' to qualify for an Unmarried Partner visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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