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change of spouse for spouse visa

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

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jamil
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Joined: Thu Dec 16, 2010 9:43 am

change of spouse for spouse visa

Post by jamil » Thu Dec 16, 2010 9:57 am

hi all
I need some advice. My partner came to england on a spouse visa at the time married to someone else. Her marriage is irretrievably broken and is now with me. She is not divorced as yet and I want to marry her once the divorce is finalised. Her 2 yr period is over soon and I want her to apply for an indefinite leave to remain. What can I do to keep her here and also obtain the ILR. Im in a good job earning well above £30K. Will it be an excercise in futility and for her to be removed. Please help
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Dec 16, 2010 10:24 am

I think that a spouse visa is specific to the original sponsor. If the marriage breaks down, then 287(a)(ii) & (iii) fails.
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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Thu Dec 16, 2010 10:31 am

Once she separated from the spouse who sponsored her original application (present husband), her current visa became invalid....therefore she will be unable to apply for ILR.
To avoid remaining here illegally after the divorce she would need to return to her home country and either marry you there and apply to start the process again for a 2 year spouse visa to re-enter. Alternatively she could apply for a fiancee visa from her home country and marry you here on her return. She would then apply for a 2 year Further Leave to Remain visa.
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