ILR Spouse Visa from India

[qlikstart]

Hi,
I am on ILR status.
I have applied to my wife as dependent visa when I was on tier1 entrepreneur status but Unfortunately we were separated before her first stamp visa expires and she travelled back before her visa expires which is more than two years ago.

1. Me and my ex wife separated with mutual understanding not from court.
2. In this period I was in back home almost 1 year 11months now I am in UK.
3. I got married when I was in India then I have amended the wife's name in my passport.
4. I have a marriage certificate, Marriage pics and marriage invitation card.
5. 6 months salary maintenance done.
6. I have House renting contract.
7. pictures of together and communication history.
8. Now I want to apply for dependent visa for my wife to bring to UK

What are the more documents needed to apply for a spouse Visa? What are the other process I have to do as Home Office knows that I have dependent on My name?
If you have any covering letter please share here?

Can I do this application on my own or shall I go with the Solicitor?

Thank & Regards,

[CR001]

You need evidence that your are legally divorced and were free to marry again. UKVI will expect to see a divorce decree absolute from court, which must be dated before your new marriage date.

[qlikstart]

Thank you for quick reply,

We have registered that mutual consent understanding document with the sub-registered office in India but not from court which was before my second marriage date.

[qlikstart]

Hi,
I am planning to make the application on My own for my souse dependent as Solicitors quoted expensive.

I just want to ask Does the India VFS has same day service for ILR dependent applicants?. The gov.uk site didn't say anything.

I have been employed with the same employer since 2019 but the my monthly income varies depend upon my hours but from last 5months I have done more hours to meet for salary requirement. The total 6months calculation salary is £9680.00. If I put last six month pay slips is enough?

Regards,
Qlikstart

[secret.simon]

We have registered that mutual consent understanding document with the sub-registered office in India

Keep in mind that a legal separation is not a divorce.

If you are legally separated but not divorced, you are still not "free to marry" under UK law and hence the second marriage will almost certainly not recognised for the purpose of issuing a visa.

To be "free to marry", you would need a divorce certificate issued by a competent authority (which may not be a court. I believe, but am not sure, that a Union Council can issue divorce certificates in Pakistan, for instance).

Some perfunctory googling for "mutual consent understanding separation sub-registrar India" brought up some links that suggest that the Indian Supreme Court ruled that "customary divorce" does not permit remarriage in Indian law. I am not sure if the document registered with the sub-registrar counts as a "customary divorce", but if so, the second marriage may not be recognised in either Indian or UK law.

I would not suggest doing a same day service as it will almost certainly flag up on the system that you had previously sponsored another person for a spouse visa and you will be asked to provide evidence of a divorce, which will cause a delay in the consideration of the application.

[qlikstart]

Thank you Secret Simon For your reply,

In my case me and my ex wife presented in the office of the Sub-Registered Officer in X District along with photograph thumb impression as required under the section 32-A registration ACT, 1908. And the officer asked us Are the both happy to take divorce?, we said Yes After the confirmation given he signed the document and said that "our registered marriage certificate is invalid from that day and said legally divorced". BTW in the divorce document clearly mention that we both agreed that we do not have objection for second marriage with another person.

My second wife knows about my past once we understand everything then we went for marriage and registered the marriage in the same sub-registered office of X district.

Kind Regards,
Qlikstart

[secret.simon]

In my case me and my ex wife presented in the office of the Sub-Registered Officer in X District along with photograph thumb impression as required under the section 32-A registration ACT, 1908. And the officer asked us Are the both happy to take divorce?, we said Yes After the confirmation given he signed the document and said that "our registered marriage certificate is invalid from that day and said legally divorced".

I am not a legal professional in any jurisdiction, but that does not sound like a divorce. Voiding a registration document is not the same as voiding an underlying marriage.

BTW in the divorce document clearly mention that we both agreed that we do not have objection for second marriage with another person.

If it were a divorce document, one would not need to ask permission from an ex-spouse nor can an ex-spouse object to the subsequent marriage of their former partner anyway. So, if the document specifically states that, that causes me to doubt that it is a "divorce" document even more.

Keep in mind that if the first marriage was not ended by a divorce before the second marriage was solemnised, the second marriage is null and void ab initio (from the start) and a subsequent legal divorce will not make the second marriage legal.

Rather than listen to the thoughts of a non-legal-professional on an anonymous internet forum (me), I would strongly urge you to consult a legal professional competent in the field of divorce in India.

[qlikstart]

Rather than listen to the thoughts of a non-legal-professional on an anonymous internet forum (me), I would strongly urge you to consult a legal professional competent in the field of divorce in India.

Thank you will do that process.

[qlikstart]

Hello Secret Simon,

Can you please answer to the below question.

I have been employed with the same employer since 2019 but the my monthly income varies depend upon my hours but from last 5months I have done more hours to meet for salary requirement. The total 6months calculation salary is £9680.00. If I put last six month pay slips is that enough?

regards,
Qlikstart