Help me !

[Harinder dhami]

I need urgent help a about a couple of months ago i met a guy who is from india and is currently going through a divorce with his partner.he was orginally here on a student visa and then when that visa expired he had a court marriage and is currently on a spouse visa which expires next year.what i want to know is once his divorce is finalized will he be deported back to india? And would we be able to still get married? And if he does get deported back and i go to india and we get married will he be able to come back to the uk with me?

[Wanderer]

How long has be been married for? You can't divorce until after two years of marriage...

[Casa]

Actually it's one year Wanderer....but if he is separated from his wife his visa is no longer valid. Do you earn a minimum of £18,600 per year?

[Harinder dhami]

Hes been married since 2012 and the marriage only lasted up to 5 months they have been living seprately since then. He signed the divorce papers in december 2013. But she only phoned him about 2 or 3 weeks ago saying that they are divorced however he hasnt received any papers as yet.

[Harinder dhami]

Hes been married since 2012 and the marriage only lasted up to 5 months they have been living seprately since then. He signed the divorce papers in december 2013. But she only phoned him about 2 or 3 weeks ago saying that they are divorced however he hasnt received any papers as yet.

[Harinder dhami]

No i dnt earn that much in a year iam only working part time at the moment but looking for a full time job.

[Harinder dhami]

Will his ex still be able to get him deported back or once he gets the papers will the immigration deport him back?

[Casa]

His ex-wife won't be able to have him deported but if she has notified the Home Office that the marriage is over they may well take moves to remove him. In fact this could have happened at any time since they separated.
Marrying in the UK won't give him legal status.

[Harinder dhami]

Could he still be removed any time now? And if we decided yo go a head and grt married abroad would there be any problems?

[Wanderer]

Cheers Casa, it is one year, I dunno what I was thinking about there....

The trigger for removal would probably be a application for another visa when his current one expires. Doesn't change the fact however that his current visa was effectively curtailed the moment the relationship was over.

His best bet is the leave the UK, there are no exit controls and apply for fiance/spouse visa based on marriage or plan to get married with you but you will need to pass the financial tests, as Casa said, I think you need to be earning 18,600 or over pa for a period of six months, so you might have some waiting to do.

[Harinder dhami]

What do you mean by financial tests?

[Harinder dhami]

And how long do you reckon i will have to wait?

[Wanderer]

What do you mean by financial tests?

In order to sponsor a foreign spouse/partner you need to prove you earn a certain amount, that's set at £18,600 pa and you have to have been earning that for at least six months, so that's £1550 per month gross. Also bear in mind the cost of the visa, I forget the amount but it's around £800....

And how long do you reckon i will have to wait?

After six months of earning £1550 per month gross you can apply, add to that the time to process the visa etc, I'd guess around 8/9 months all together?

I think the crux is to make sure he's not deported or issued with removal papers, that would make things much much tougher....

[Harinder dhami]

and how can we prevent any kind of removal papers or him getting deported? is there a way out of this at all i mea is there a light at the end of the tunnel?

[Casa]

The only way to prevent removal is for him to return to his home country.

[Harinder dhami]

could there be any other way besides this?

[Casa]

Not that I can see. You should seek legal advice.