Help with choosing the form

Post by **Amber** » Thu Sep 12, 2013 8:37 am

I'm slightly confused by your statement, do you mean the person applying for SET(M) is married to someone who was previously married to a British Citizen and was settled on that basis?

Moromu · Post by **Moromu** » Thu Sep 12, 2013 1:53 pm

Yes, that's right.
I thought he was married to EU Member- I know them for two years only

But when she was giving details for form it came up that he got his ILR in 2009 by marriage with British woman. They got divorced and after some time he met my friend. She has been issued already 27 months spouse visa as his wife so I think it should be not a problem, however what should I say in the form ?
has your partner been sponsored as a partner of settle person ??

Post by **Amber** » Thu Sep 12, 2013 2:02 pm

The answer would be yes, you must answer truthfully, the basis for settlement would be, spouse of a settled person.

Moromu · Post by **Moromu** » Thu Sep 12, 2013 2:16 pm

I know with Home Office you can not lie

I just want to make sure I know what to put. My query was : is British consider as settle person ? But it looks like yes.
While I have you here. Do they need to give his divorce certificate even if the 27 months visa was grounded while they were married already ?

Post by **Amber** » Thu Sep 12, 2013 2:20 pm

They should show the divorce certificate if it states it is required. Yes the spouse of a British/Settled person.

It clearly states "You must provide original copies of divorce or dissolution of civil partnership."

Moromu · Post by **Moromu** » Thu Sep 12, 2013 3:07 pm

He gave original certificate last time when he applied. Does not have any more copies. Is there a risk that they will refuse ILR to her if they don't provide original certificate ? How does it work ?

Post by **Amber** » Thu Sep 12, 2013 4:06 pm

You can get a certified copy from the Court where the divorce took place for £5, the copy they have should suffice if they Home Office has seen the original. Just write on a piece of paper, further information: Original decree absolute divorce certificate was sent to the Home Office for the previous application and is still with you, a copy has been enclosed.

Moromu · Post by **Moromu** » Thu Sep 12, 2013 4:45 pm

The only problem is the marriage and divorce were abroad and need to be apply by person. My friends didn't go abroad since the baby was born, for over one year. I hope they will not refuse on ground of missing certificate.
Is it too much if I ask how do you know so well the rules ? I hope you don't mind

Post by **Amber** » Thu Sep 12, 2013 5:26 pm

Reading the rules, being a legal academic and for the general advice, I worked as an adviser for some years. Immigration is very confusing and complex, no-one knows it all, actually very few know a lot. The rules are often changing or not followed correctly so this forum is a good place to pick up the knowledge from each other and see how current decisions are being made. So-called immigration in action.

Moromu · Post by **Moromu** » Thu Sep 12, 2013 6:57 pm

I found this forum extremely helpful. I said to my friend, lets see what people think and we will follow the advise

thanks for all your time and all the best in the future:) I may ask again something

and wish us good luck

Post by **Amber** » Thu Sep 12, 2013 7:27 pm

Best of luck, let us know how the case goes.

Moromu · Post by **Moromu** » Mon Nov 04, 2013 5:39 pm

Hello again

No news about my friend yet, but in the meantime I sent you private message with some questions. I'm not sure if you received it. Let me know

Best regards
Moromu

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Help with choosing the form