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Complex spouse visa application

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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ShayMd12
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Complex spouse visa application

Post by ShayMd12 » Sun Dec 02, 2018 6:21 pm

Hi everyone.

I'm a new member here, and have been reading a lot of the posts and replies, which are so helpfully. So thank you!

My husband to be and I are planning to get married late next year. He is currently in the process of getting divorced to his first wife.

This is a bit complicated.

So we met in January of this year, and he was already in the process of a permanent residency application to canada. He had an interview for this visa in March. He didn't feel right about being with me and also going through the visa when he was no longer in love with his wife.
Therefore he sought advise from a lawyer who advised him to just let the visa officer know about his new relationship and that he no longer wanted to be with his wife at the interview. Unfortunately the lawyer didn't tell him that it was still possible to withdraw the application, which would of been the correct procedure.

He did tell the officer at the end of the interview, and asked what he should do, they just told him "thank you for notifying of this update, I will be in touch shortly with decision". Of course this resulted in a refusal. Not having a genuine relationship, which it wasn't anymore. We just wish he was given correct advise on how to handle this.

He decided that the best thing was to divorce his wife, and be completely honest with her, instead of appealing the decision which wouldn't be truthful. The divorce proceedings were started in September, will be finalised in 1-2 months.

Sorry for the long message, basically I just wanted to know what everyone's opinion is on this. We are thinking that we should ask advice from a lawyer, or would we be okay to make the application ourselves (after we are married) and just explain everything thoroughly?

Thank you in advance.

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Casa
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Re: Complex spouse visa application

Post by Casa » Sun Dec 02, 2018 6:48 pm

Your post is slightly confusing. Is your partner intending to apply for a UK spouse settlement visa, or a visa for Canada :?: :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: Complex spouse visa application

Post by CR001 » Sun Dec 02, 2018 6:49 pm

It is unclear what your questions are, who the British spouse is, where the other partner is etc??

How is the Canadian application relevant to a UK spouse visa?
Char (CR001 not Casa)
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ShayMd12
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Re: Complex spouse visa application

Post by ShayMd12 » Sun Dec 02, 2018 6:50 pm

Apologies, we want to apply for a settlement visa late next year, after we plan our wedding and get married. He previously applied for a permanent residency visa with his soon to be ex wife.

I am the British citizen.

Sorry for confusing things.

ShayMd12
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Re: Complex spouse visa application

Post by ShayMd12 » Sun Dec 02, 2018 6:54 pm

Okay sorry again.

To be more clear.
I am the British citizen. He is from the Dominican republic.
He is currently married, but will soon have his divorce finalised in 1-2 months.

He had previously applied for a permanent residency visa with his soon to be ex wife.

We want to plan and get married late next year after he divorced.

I was wondering if his previous visa application will have a large impact on our spouse visa next year. And if I should seek help from a lawyer?

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CR001
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Re: Complex spouse visa application

Post by CR001 » Sun Dec 02, 2018 6:56 pm

I was wondering if his previous visa application will have a large impact on our spouse visa next year.
No, it should not, but he must state the refusal in the form if it asks about previous refusals.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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ShayMd12
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Re: Complex spouse visa application

Post by ShayMd12 » Sun Dec 02, 2018 7:00 pm

Thank you for your time.

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