Spouse visa and divorce? Please help.

[alibinshad]

I got married in June 2011 and after more than one year unfortunately our marriage life is not going well. Now we are planning to divorce. She already got spouse visa but she is still in Pakistan. We spent very little time over there and don't have any children. I am here in the UK.

1) Do I have to go to Pakistan to proceed this divorce or can I proceed it here?
2) I don't have any Nikkah nama or marriage certificate as she got all these documents. Should I keep all these documents before proceeding divorce documents, because I have a fear they might not provide my original documents ?
3) What happens if I will apply for my next spouse visa? do I have to apply again or should I inform to home office and will provide new documents for second marriage?
4) Should I inform to Home Office about my current situation or should wait till final decision?

I put my all effort to save my marriage and still I am willing to settle it down and bring her here. In case if she comes here and divorce happened here in the UK then :
1) What kind of complication can happen here for divorce?
2) Do I have to give her part or half of my property?
3) Any precaution please let me know.

Thanks in advance.

[Annonymous]

Hi

First of all my heart goes out for you and all of my heartiest prayers are with you that May Almighty Allah Will Help us coming out from this kind of extremely painfull situations.

After reading your post I just can't believe that how similar our situations are honestly its the biggest coincidence in my life.

I am in a photocopy same true same situation like yours honestly I dont know why these things happens in life I always ask my self and the worst thing is our culture where people will come and ask you million times about your bad things no one really cares about any other thing a part from poking their nose in to other people business any ways. I was just going through this forum and luckily found your post I'll follow your post definitely I wish I'll be knowledgeable enough to answer your querries here on the forum but unfortunately I have photocopy same situation and same questions what you've. The only difference is that my spouse is still here in the UK and I just wanted to proceed with the divorce and wanted to cancel her spouse visa status as all my efforts failed and gone in to vain to save the marriage. To be honest I am really scared of getting married again if I've to face all that God Forbid.

In addition to your questions I wanted to know that how can I proceed with cancelling her spouse visa status and what kind of documents do I require in addition to that what are the addresses in UK where I've to post these documents will it be Croydon or will it be to the British High Commision Pakistan or British High Commision in Dubai cause my wife got her visa from British High Commision in Dubai, how can I proceed with the divorce process here in UK and like you she has got all the orignal documents I haven't got any Orignal documents with me how ever I've just got the scanned copies of her PP and her Visa page and I think I dont need the Orignal Nikkah Nama or Marriage Certificate to end the marriage any ways I am also new to this forum and new to the problem as well.

I am hoping that the moderators or some senior members will help us in replying to our querries.

Hoping to get an answer soon on this topic.

[harv]

You cannot cancel their spouse visa, although given that they are not in the UK. Once you inform UKBA they might be declined entry in the UK.

So, you need to write to UKBA explaining your situation and giving full details of yourself and your spouse. Mention that your wife is still in her home country.

In terms of divorce - Since you were married outside UK, you need to divorce in the same country.

If you are getting married to someone else, you will need to make sure that you hold the divorce certificate/papers. This is to avoid any overlapping of the dates. So once divorced you can get married and only this way your second marriage is considered legal by UK laws.

On applying for spouse visa for your new partner, you will need to provide evidence of your divorce as well as all the required evidence of your second marriage.

Hope this helps.

Senior members of the board should be able to give your more sensible answers.

PS - Best of luck

[Annonymous]

Hi

Many many thanks for your kind and prompt reply.

My question here is what if my wife is still in UK and if I divorce her in Pakistan does she also have to sign the divorce papers from Pakistan ?

Please kindly go through the link below.

http://www.ukba.homeoffice.gov.uk/visas ... ship-ends/

After reading this page from the UKBA website and you've also mentioned this in your posts that we can't cancel her spouse visa status. But UKBA has also said that if your marriage broke just let us informed regarding your divorce and then its down to UKBA that how they ask her to leave UK or if she makes any appeals then its down to UKBA

My question is that I think I've done my job by updating UKBA regarding my divorce after that can't I apply for my second wife Visa by attaching the divorce certificate from Pakistan.

Many thanks and waiting for your reply.

Please senior members and moderators kindly help me.

[harv]

As long as you have legally divorced your first partner, you are free to marry. The problem only occurs when you have not legally divorced and marry again. The dates of you divorce and new marriage should not overlap as it would not be considered as a legal marriage by the UKBA.

So:

- Inform UKBA about your circumstances
- Get divorced legally and collect the correct certificates/documents (also get them translated in English) - there might also be more documents required by UKBA, hopefully other forum members will be able to comment
- You can now marry - since you have been legally divorced
- Once married you can apply for a Spouse VISA for your new partner

If you have legally divorced your current partner and she is still in the UK. It does not stop you from bringing your second wife (who will be then your legal wife) to the UK. As it is up to the UKBA to decide whether your ex wife remains in this country or not.

[Annonymous]

Hi

Many thanks for your reply Hary. Any more senior members or moderators who would like to comment on my case please it would be really help full that how can I got rid of my wife who made my life hell.

Many thanks and desperately waiting for more replies from the senior members or moderators of this forum.

[alibinshad]

Dear All,
Now my divorce is in process. I would like to know what documents I need to obtain for UKBA to prove my divorce. My divoce is under process in Pakistan, I am going to sign here at Pakistan cousulate and will send documents back to Pakistan. Could you please advise me on my following queries:

I would like to know is it acceptable to complete divorce process while I am here as I mentioned above or do I have to go there physically?

Do I have to get any confirmation or certification from UK to confirm divorce?

Which documents I need for my second marraige? Do I have to wait three months to get confirmation from union counsil?

My wife did not visit here so her visa never been used. so do I have to apply visa again for my second wife or should I just proved second wife documents and marraige detail under my first application?

I would be highly appreciated if you advise me and provide detail of documents which I need in the whole process.
Thanks.

[Greenie]

My wife did not visit here so her visa never been used. so do I have to apply visa again for my second wife or should I just proved second wife documents and marraige detail under my first application?

I would be highly appreciated if you advise me and provide detail of documents which I need in the whole process.
Thanks.

the previous visa was issued to your wife, not to you. It can't just be transferred to someone else. Once you re marry you new wife will need to make her own application for a spouse visa. Expect the marriage to come under scrutiny given that you have sponsored someone in the past. Also note that the spouse visa requirements have recently changed significantly.