Divorced and living with same partener

[plb1456789]

Hi

I have been married in March 2009 and divorced 2013. Now we have started to live together and got marriage in an indian temple but not registered. My wife is in Uk and we both have ILR. She was my dependent.

I am looking to apply for British Citizenship. What marital status should I fill in the AN form?

Can I say Married and fill my wife details in "Details of your partner" section? Do I need to "fill If you were previously married or in a civil partnership, please give:" section.

A bit confused as i got married-divorced-married to same person.

Can anyone help me please?

Regards

KS

[vinny]

You should check if the Indian temple was authorised to perform legal marriages.

[ali_hsn]

Hi,

just adding what I know:

1. If you both have ILRs, then you both have to apply for naturalization on her accord. Her dependent status is not relevant anymore.
2. As mentioned by Vinny, you need to check if the temple is registered i.e. did you get any sort of documentation etc? if not you can register for a civil marriage and get a marriage certificate. Also depends when you are due for naturalization.
3. Change of circumstances notification to HO: You need to declare you are married if you declared you were divorced in your last application to Home office, assuming this was ILR.

Hope this helps.

[plb1456789]

Thanks Vinny and Ali.

No, that was a local temple is a street. Circumstances didn't allow use to have any photo or documentation. That was just to start again a fresh life with same person.

No, We got ILR as married couple and divorced after ILR. We never sent our new status to home office.

So now, can I say Married, Fill her details and mentioned about my previous divorce with same person and add a note that when we get married but without any marriage certificate

OR
Say Married, Fill her details and DON@T mentioned about my previous divorce.

Regards

KS

[secret.simon]

Now we have started to live together and got marriage in an indian temple but not registered.

Are both your spouse and you governed by the (Indian) Hindu Marriage Act (see Section 2)? Has the state government of the place you got re-married made registration of marriage compulsory or is it optional (See Section 8 )?

In short, in India, would your marriage be considered valid and licit? If Indian law recognises the marriage, I believe that the UK will accept it as valid as well and you will be considered married for the purposes of the law. You may need documentary proof of the marriage.

I have been married in March 2009 and divorced 2013. Now we have started to live together and got marriage in an indian temple but not registered. My wife is in Uk and we both have ILR.

When did your wife get her visa for the UK and on what basis did she get her ILR? If she was the dependent and divorced from you at the time of her application for ILR, the Home Office could consider that ILR procured by deception.

EDIT: Just saw the post where you mentioned that divorce was after ILR. So, please ignore the point above.

As ali_hsn mentioned, both your wife and you will apply for naturalisation independently as your ILR status is independent of each other. I would state your status as "Married" on the basis that your Indian marriage is valid and recognised as such in India and therefore in the UK. A brief explanation about the circumstances can be provided in a covering letter.

[ali_hsn]

hi,

If you never notified home office of the change in circumstances, this raises another question: How did you get divorced? i.e. English court or do you have any sort of documentation if it was back home?
In UK, courts initially grant you temporary divorce 'decree nisi' for a time period. During this period you and your partner may work things out and decide to revoke this. If things still do not work out, you are granted 'decree absolute' which is the final step (you still have to apply for it).
https://www.gov.uk/divorce/overview

In summary if divorce was just verbal - don't sweat over it and just apply as a married couple

[Casa]

Where did the marriage in the temple take place? In the UK or India? If it was in the UK it won't be recognised under British law.

[plb1456789]

We got divorced in English court and have got decree absolute. Not sure this information has passed to Home Office or not by UK court?

In my state in India, it is optional to register a marriage. People who need to register for some purpose for example Passport, visa, Bank joint accounts etc they do register their marriage. My previous marriage was registered.

How about if I say Married, Fill her details and mentioned about my previous divorce with same person and make a note to explain situation and say this marriage is not register but we are married and should be consider as married couple OR

don't mentioned anything about divorced as it could make case complicated to see first divorced and un-register marriage to same person?

Regards

KS

[secret.simon]

If you were divorced by a decree absolute by a court in England and Wales, I think it would be foolish not to mention the divorce.

The issue turns one whether your second marriage to the same spouse is considered valid in terms of Indian law. Why not get it registered before applying for naturalisation?

[plb1456789]

Thanks simon.

The problem is, We have to go back India to register it and for registration we have to give photo proof that we don't have. It was different kind of circumstances and situation so no one thought and took any photograph.

Shall I tick then "Unmarried partner" and fill divorced details?

How would it impact on our future and our kids?

[ali_hsn]

Hi KS,

I think the solution is a very simple one - You need to register your marriage in UK without going to India, this can be done through civil court.

In the mean time if you decide to apply for naturalization declare your divorce by submitting decree absolute. Unless you have recognized documented proof of your marriage there is no point declaring it.

You can always submit change of circumstances at a later date when you have the acceptable document.

Hope this helps.

[plb1456789]

Thanks Ali.

MAy I say "UnMarried Partner" and fill partner details and divorced details as well?

Regards

KS

[ali_hsn]

Hi KS,

you should declare the facts as they are i.e. Divorced.

In theory there should be no impact on your naturalization whether you are married, divorced or living with a partner.

My advice would be follow proper channels - declare that you are divorced.
Apply for civil marriage certificate in UK and notify home office once you have that in hand.