EE2 application refused as partner was already married

[Obie]

Again I beg to differ. With due respect, It seems to me, that you are the only person that seem to see things that way. In UK a person can have Fiance visa if their spouse divorce is about to be completed, a person who is still married to another, can sponsor another person as unmarried partner.

The Key in the immigration rules and in this case is the fact that this french lady is not in a subsisting relationship with the other guy. If she was, I would have had no difficulty siding with you on the views you expressed.

[secret.simon]

Would you agree with the phraselogy below?

To sponsor somebody as an unmarried partner, neither partner should be in a subsisting relationship (whether married or not) with another person.

To sponsor somebody as a spouse, both partners should have been free to marry when they got married.

[Obie]

I agree with that. But that was not the issue under debate.

The situation of the 2 categories of people you mentioned are very different.

In one , a criminal offense is being committed, in the other that is not the case.

In one the relationship must have endured for a long time in the other that is not necessarily a requirement.

It is important that we deal with the issue which was the subject of our slight disagreement, which I am sure you will remember.

I have no issue with the recent post. That is the position of the law.

[secret.simon]

I apologise for sidetracking the issue, but this conversation is helping me understand the law better. So, thank you for your patience.

Can I clarify one point?

In one the relationship must have endured for a long time in the other that is not necessarily a requirement.

When is the relationship expected to have endured for a long time and when is it not required?

[rescue_ee2]

Thanks everyone….By grace of GOD everything is sorted now.