Fiancee Visa issues

[davidwi81]

Hello.

I'm hoping someone will have a bit more information about my situation.

Last August I began a relationship with my partner who is from Japan. She had a student visa that ran out last month.
She moved in with me at Christmas and we decided that we wanted to get married.

The only trouble is that i'm still married and the proceedings, although very simple (my ex and I are both very eager to get divorced, no kids/property etc) are dragging on due to a massive backlog at the court. I filed back in January but I'm still waiting for the Decree Nisi.

I guess what i'm asking is:

What are the chances of my partner getting a fiancee visa without me having the decree absolute (although i'm in the process);
Will immigration allow her entry as a tourist for 12 weeks?
Is there anything I can do to expedite the situation?

As it stands it looks like my divorce won't be final for at least 3 months and then there's the time it takes to apply for the visa. I miss her terribly. I speak to her everyday via Skype but it's not the same and she's finding the situation very distressing. I guess if we at least had a date we'd have something to work towards but we do not.

Any advise would be greatly appreciated.

Many thanks

David

[Casa]

This guidance from the Immigration Rules for case workers should help you;
SET1.17 - What if the divorce / dissolution process is not yet finalised?
An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce / dissolution proceedings are well under way.
While the divorce / dissolution may well come through within the 6-month Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce / dissolution proceedings may take longer than 6 months to resolve.
Should one of the partners still be waiting for a divorce / dissolution to come through at the end of the 6-month LTE period, they may apply to UK Visas and Immigration for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

Here's the link if you wan't to read through the complete guidance.
https://www.gov.uk/government/publicati ... cees-set01

[davidwi81]

This guidance from the Immigration Rules for case workers should help you;
SET1.17 - What if the divorce / dissolution process is not yet finalised?
An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce / dissolution proceedings are well under way.
While the divorce / dissolution may well come through within the 6-month Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce / dissolution proceedings may take longer than 6 months to resolve.
Should one of the partners still be waiting for a divorce / dissolution to come through at the end of the 6-month LTE period, they may apply to UK Visas and Immigration for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

Here's the link if you wan't to read through the complete guidance.
https://www.gov.uk/government/publicati ... cees-set01

Thanks Casa - The above seems to state that it shouldn't be an issue, however i've read many threads on this website and the advice seems to be that a Visa will not be granted until the Decree Absolute has been finalised.

Is the above guideline something new?

Thanks

David

[Casa]

I can't say when it was first implemented but it's been my understanding (at least since 2012) that if the divorce decree absolute is close to being passed then a fiance visa can be issued. This is confirmed in the official Immigration Regulations I've posted, which is the guidance Entry Officers must abide by.
I think the chance of your fiancee being granted a visitor visa would be slim in the circumstances.

[Wanderer]

I can't say when it was first implemented but it's been my understanding (at least since 2012) that if the divorce decree absolute is close to being passed then a fiance visa can be issued. This is confirmed in the official Immigration Regulations I've posted, which is the guidance Entry Officers must abide by.
I think the chance of your fiancee being granted a visitor visa would be slim in the circumstances.

Aren't Japanese citizens non-visa nationals? Not sure entry would be granted even given that if questioned by IO....