Divorce and Re-marrying

[binsie2003]

Hi,

I hope someone can provide some advice on this one, thanks in advance.

My now girlfriend originally came to the UK on a Fiance visa and subsequently married her husband and was issued with a visa with leave to remain for 2 years, this LTR expires in October 2010. Anyway after approx 6 months marriage the husband decided that playing away would be acceptable. My girlfriend found his infidelity extremely hurtfull and his attitude to it dis-respectful. Anway as I understand it she tried to forgive and move on but he proceeded to continue the relationship and his self righteous manner. She ended up leaving him and as a result we became better aquainted. She is now going through with a divorce and was recently granted a decree nisi. We now live together and have been since October 09.

I believe that as a result of her leaving the marital home she is in breach of the requirements of her visa, is this correct?

We would very much like to stay together in the UK and have discussed our future and would consider marrying.

Can anybody give me a steer on what our options are, eg visa extension or possibility of us marrying and obtaining a 2 year visa and ultimately indefinate leave to remain/nationality.

Thanks again.

Binsie

[Wanderer]

To do it properly;

1. She leaves now as she is in breach of her visa.

2. apply for fiancee visa

3. Marry in UK

4. Switch to Spouse visa.

Or;

1. As above

2. You marry in her country or a third one

3. apply for spouse visa from her country.

[mochyn]

The easiest ways are as Wanderer has said and also the quickest.
There are other options open to you but they are very time consuming and could take years.

The quickest way is for her to leave , you get married in her country or a third country and get a spousal visa

[binsie2003]

Thanks for the advice.

What I didnt get across was that during the time before she quit the marital home she was under a great deal of emotional and psychological abuse from her husband, nothing physical but never the less the effects can be quite harmful and distressing in their own way. As such the divorce is based on his infidelity and the emotional distress and psychological control he excerted on her. Surely anyone would consider this to be a form of domestic abuse.

Would there be an avenue worth pursuing due to the domestic abuse aspect as per Para 289A? Afterall she sincerely entered into a marriage believing it to be a long term commitment but due to an intollerable relationship has found herself in this unfortunate position, she only needed to continue the relationship for another year and she would have ended up with her long term visa, she must have been really desperate to get away!

For what its worth her husband has accepted all of the reasons for divorce as listed above and is not defending any allegation.

Thanks again for you help.

Regards Binsie

[Wanderer]

Is there any evidence of this alleged DV, ie police report, doctor/hosptial visits etc?

Also you only have one side's view of the alleged DV, I'd tread a fine line if I was you.

[Casa]

If you've been living together since October 2009, then attempting to apply under DV would be extremely difficult. Even with a strong application (proof of violence) etc, it's nor an easy route.
She's technically been here as an overstayer since she separated from her husband. I would follow Wanderer's advice.