Query on spouse visa application

Members,

I have been following this board recently and I must say this is really useful.

I am planning to apply for spouse visa soon.

I married back home couple of years back but that ended up in divorce before I applied for her from UK.

The marriage was registered in my country. But I never needed to tell home office of my 1st marriage as I never applied for her.

I got married again this month and thinking of applying for her in few months time.

When I am applying for my spouse is there any way for home office to know that I was married once before as that was never communicated with them.

There is no reason for me to really hide this as the divorce was properly done.

I know it is not the right thing - but theoretically do you think I can just not tell home office when I am applying for my spouse visa?

This way I believe I do not have go through a lot more paperwork.

Thank you

You are required to state in the form if either of you were previously married as HO needs to be 200% satisfied that for your current marriage, you were both free to marry. You are also required to submit evidence of the divorce to prove you were free to marry.

You cannot withhold this information, regardless of whether your previous spouse applied for a visa or not, as that would be a case of withholding a material fact and could result in a refusal.

A word of advice, it is never a good idea to keep important information from HO or withhold information you think is irrelevant.

Thank you

For divorce what documentations do I need to submit for Spouse visa?

Also do I have to let home office know now before applying for visa or is it just OK to tell them via appendix 2?

Have you got divorce certificate from first marriage?

I have a document which says that it got all settled – but this is in my own language, I have not yet translated in English. This document says how much I paid and it has all the witnesses and their signature. And I do not think this is divorce certificate though.

Does that mean it is going to be a long wait until I sort all of these out?

Hi Experts,

I have read about Decree absolute and other complicated process when re marrying.

Can I ask in my case do I need a Decree Absolute?

Or, do I just need a divorce certificate?

Thank you

FZ_1 wrote: ↑

Thu Nov 29, 2018 9:18 am

Hi Experts,

I have read about Decree absolute and other complicated process when re marrying.

Can I ask in my case do I need a Decree Absolute?

Or, do I just need a divorce certificate?

Thank you

As far as I know, Decree Absolute and divorce certificate is the same thing.

I am not sure what is complicated? Its a D8 form you can use and pay fee to apply for divorce in UK. You may choose NOT to engage a solicitor if you have all the information.

The form itself is very simple to fill up or you can take help of citizens advice bureau or go to the local family court, sometimes they have a solicitor to help people there too.

You can apply for divorce to UK court even if your EX never came to UK or never lived with you in UK (you must be resident in the UK though).

Takes few months if your case is straightforward or if your EX doesn't contest it. Its a legal step NOT to be taken lightly.

FZ_1 wrote: ↑

Thu Nov 29, 2018 9:18 am

Hi Experts,

I have read about Decree absolute and other complicated process when re marrying.

Can I ask in my case do I need a Decree Absolute?

Or, do I just need a divorce certificate?

Thank you

I don't think that in all countries the divorce certificate is also called as decree absolute. Wherever divorce has been sought legally then definitely some formal divorce certificate be given.

Respected members,

I am still confused with this mater. I am British citizen since 2012. Can somebody kindly let me know if the following is correct?

I got initially married in 2015 back home which ended up in divorce in a month. So I never needed to apply for her VISA. I got married again this month back home in Bangladesh and I have already got all my paperwork (marriage certificate, nikah translation etc.)

Am I correct saying that I cannot apply for my current spouse visa because I did not get a Decree Absolute from UK authorities before I got married this time?

Thank you

FZ_1 wrote: ↑

Fri Nov 30, 2018 10:26 am

Respected members,

I am still confused with this mater. I am British citizen since 2012. Can somebody kindly let me know if the following is correct?

I got initially married in 2015 back home which ended up in divorce in a month. So I never needed to apply for her VISA. I got married again this month back home in Bangladesh and I have already got all my paperwork (marriage certificate, nikah translation etc.)

Am I correct saying that I cannot apply for my current spouse visa because I did not get a Decree Absolute from UK authorities before I got married this time?

Thank you

Well my friend
was your first marriage was just a nikkah nama or was it properly registered marriage??


First question came into my mind that is it declare on your new nakkah nama and marriage certificate that you are divorced??

if yes then you definitely need a proper divorce from the concern authority in Bangladesh.

If the new marriage certificate does not mention your previous marriage then i guess you are good to go for application as your story will only be judged on the official docs presented.

(keep in mind this only applies when HO never knew about your marriage and also the bangladesh documents does not show your previous marital status)

Thank you for reply.

Unfortunately this was registered marriage.

My question is if I just get a divorce certificate would this be enough in my case for spouse visa application?

Or did I need a decree absolute from UK before I got married 2nd time? Because this makes the whole situation really complicated.

If you get a divorce certificate now and are already married before you may need to apply for a fiance visa route then get married in UK

FZ_1 wrote: ↑

Sun Dec 02, 2018 1:23 pm

Thank you for reply.

Unfortunately this was registered marriage.

My question is if I just get a divorce certificate would this be enough in my case for spouse visa application?

Or did I need a decree absolute from UK before I got married 2nd time? Because this makes the whole situation really complicated.

Similar to legally performed overseas marriage the legally performed divorce is also acceptable without having the need of uk decree absolute. I think same authority which legalize the marriage should legalize the divorce too in that country and the same should be acceptable.

Londoner007 wrote: ↑

Mon Dec 03, 2018 9:07 am

If you get a divorce certificate now and are already married before you may need to apply for a fiance visa route then get married in UK

Hi,

Hope you can clarify this please.

My divorce was registered in Bangladesh before my 2nd marriage.

My dates and exact timelines are below:

I have been a British Citizen before my 1st marriage on 07/11/2015.

1st marriage – married on 07/11/2015 and divorced on 04/01/2016 – never applied for her visa. Divorce registered on 04/01/2016. My divorce got settled out of court in Bangladesh. I have all the paperwork from Kaji office.

2nd marriage on 02/11/2018.

With above information, if I apply for Spouse VISA now with the divorce certificate dated 2016 will the HO accept my application? Or will HO refuse my application as I did not notify before 2nd marriage?

If you were divorced before your second marriage and you also have certificate for it, then you were free to marry again - Home Office will not refuse you based on relationship eligibility

You will still need to satisfy all other aspects too such as accommodation, financial, subsisting relationship etc

Thank you for your prompt reply.

I just got my uncle to email me the divorce related document – the document is dated 04/01/2016 and it states that everything about divorce. Kaji says that this is the official document which confirms divorce.

We have just spoken to Kaji and he states the divorce certificate is a separate document and we still need to obtain this and he said that he can provide one certificate as and when we want it.

My question is if the divorce certificate is dated now (after my 2nd marriage) – will this create any confusion to the spouse VISA application? -

To my understanding it should not be a problem as although the actual certificate is dated after 2nd marriage but really and truly the divorce certificate will just state that divorce completed back in 04/01/2016. Just want to get an expert opinion please

A paper from Kazi is not a offical divorce certificate. The papers need to come from the Courts in Bangladesh (District Upazilla)

If you have the proper certificate and it states the divorce dates then it is ok because for the certificate to come through can takes months anyway

Londoner007 wrote: ↑

Fri Dec 14, 2018 10:25 am

A paper from Kazi is not a offical divorce certificate. The papers need to come from the Courts in Bangladesh (District Upazilla)

I do not think it came through courts - it has a seal on it which says - "Marriage Registrars & Kazi - Sylhet City Corporation". To clarify when you get married, you get Nikah Nama from Kazi and then you translate this Nikah Nama for VISA application.

Kazi says for divorce you get this document (called Khula Talak Registery) which has all particulars of divorce including all the witnesses' names and their signatures - which needs to be translated for VISA application.

But none of these documents came through courts.

Kazi also goes if you want, you can also get a document directly from Sylhet City Corporation with a clearance certificate.

Document from Sylhet City Corporation (which is a Upazilla) will be good enough.

If it looks anything like this it should be ok, the most important is that it has the governing body stamp: http://kazioffice-bd.com/certificates.p ... ertificate

Thank you for link.

I do not have this document with me now but I am sure this is the document Kazi said he could arrange for me.

Thank you

Londoner007 wrote: ↑

Mon Dec 03, 2018 9:07 am

If you get a divorce certificate now and are already married before you may need to apply for a fiance visa route then get married in UK

Hi Londoner007

Just came to my mind, why did you suggest this please?

This is kind of bugging me as to if I am still missing anything....

Thank you

I am now getting my divorce certificate ready.

Can I ask please, in relation to my 1st marriage is it ok just to send the divorce certificate? Or should I also send the nikah nama & marriage certificate of my 1st marriage?

Also, in relation to my 2nd marriage, I am providing nikah nama original, translation of nikah nama along with marriage certificate.

I will be grateful if one of senior members can reply please.

FZ_1 wrote: ↑

Mon Dec 17, 2018 7:26 am

Can I ask please, in relation to my 1st marriage is it ok just to send the divorce certificate? Or should I also send the nikah nama & marriage certificate of my 1st marriage?

Only divorce certificate, which MUST be dated before your second marriage as already advised.

Thank you CR001.

The divorce certificate issuing authority agreed to backdate divorce certificate to 04/01/2016 (actual divorce date) but they said notary public date would be todays date.

Do you think this would be fine with HO?