Spouse visa application - not officially divorced

Hi guys,

Hope you can help.

I was married to a Thai woman before, had a son together. I sponsored her for a two year Settlement Visa in 2004. She got it. Lived in the UK for two years. Did not like it and returned to Thailand at the end of it. It did not work out so we seperated.
We never got divorced. I did not think I would get married again so did not bother to chase her up about getting officially divorced.
Married a Vietnamese women 5 years ago. Am trying to complete the spouse visa application, but am worried that if I put 'never married before' on the application form that they will run a search on me and see that I was married to and sponsored a Thai woman for a visa before though it was such a long ago (would they still have that on their system?). Which, obviously would not go down well.

Thank you.

Your current marriage won't be recognised by the uk as you were not free to marry your current wife. The uk does not support polygamy.

Yes, they will have records that you sponsored a wife previously.

You are also required to declare truthfully in the form if either of you have been married previously and if yes, submit evidence of your divorce such as the official divorce decree absolute. Lying money the form is deception and grounds for immediate refusal of a visa and a potential ban.

You cannot get around this or try to cheat the system.

Okay, thanks for getting back to me. I can understand that.

But, I don't know why I was able to get a stamped Affidavit letter from the consulate in Hanoi to be able to marry a Vietnamese if they had done all the checks on my marital status???

I will admit that I had been married twice in Thailand before but only got officially divorced once there and had that divorce certificate translated into English by the Thai consulate in Ho Chi Minh city and took that to the Affidavit appointment. But, did not officially divorce the second time so could not show anything so kept quiet about that marriage.

Do all the checks go back that far for visa, sponsor, applications or is there a time limit???

CR001 wrote: ↑

Mon Jul 22, 2024 2:38 pm

Your current marriage won't be recognised by the uk as you were not free to marry your current wife. The uk does not support polygamy.

But, I thought the UK government did not recognise marriages in Thailand/Vietnam.

And, it seems crazy trying to get a divorce certificate now especially after remarrying. Should have got it way back but never thought about marrying again or how not getting it would come back to haunt me.

Truth be said, the UK government don't have crystal balls to see whomever you've married in your past.

But in this case, you've sponsored her to the UK. It's in the system. Marriage has been accepted as genuine irrespective of country she's from or where marriage took place.

I was married to a Thai woman before, had a son together. I sponsored her for a two year Settlement Visa in 2004. She got it. Lived in the UK for two years. Did not like it and returned to Thailand at the end of it. It did not work out so we seperated.
We never got divorced. I did not think I would get married again so did not bother to chase her up about getting officially divorced.

For you to attempt to sponsor another person, you have to show that you were free to marry.
If you didn't want to bring her to the UK, by all means you can marry every year and not divorce them before you marry another. The UK government have to problem with it. IN some countries, people have 5-10 wives.
Here the rules are different as explained above.

Your best option to resolve the issue is to apply for a fiance visa and remarry in the UK, You would then submit a FLR(M) application within 6 months.

However, this will only be possible if you first obtain a legally recognised divorce from your first wife.

Casa wrote: ↑

Tue Jul 23, 2024 7:26 pm

Your best option to resolve the issue is to apply for a fiance visa and remarry in the UK, You would then submit a FLR(M) application within 6 months.

However, this will only be possible if you first obtain a legally recognised divorce from your first wife.

Yes, that seems the best way to get out of this big hole I have dug for myself. Though, it's difficult as she will not reply to our son to help resolve this situation.

Thanks for all of your help guys. Much appreciated.

My Thai wife's sister, who I am still in contact with, says that she has never officially divorced me after all this time so gawd knows how she was able to remarry.

And, she also said that she was willing to get officially divorced from me now. Though, I would probably have to go to Thailand to do that.

Would that be any help with the application? As, the divorce certificate would show that I divorced her AFTER I married my Vietnamese wife which would have made the marriage illegal as I was already married. And, should have mentioned that at the affidavit of single status I signed at the UK embassy in Hanoi.

The sister pointed out that I could add to the Additional Information section on the application form that I currently have no divorce certificate as not officially divorced only separated from Thai wife, and that she would help in obtaining the divorce certificate.

Would it be better to put this application on hold until I have that???

This is a real headache, but thank you so much again for any advice.

The requirements for each country varies. For UK whose requirements you need too meet you have to be divorced and finalised it by having your decree absolute for you to be free to remarry, no less on this.

Then go by advice below

by Casa » Tue Jul 23, 2024 7:26 pm

Your best option to resolve the issue is to apply for a fiance visa and remarry in the UK, You would then submit a FLR(M) application within 6 months.

However, this will only be possible if you first obtain a legally recognised divorce from your first wife