Change of Spouse Visa

[shady87]

Hi Guys,

I've got a friend seeking advise, below are his details about his stay in the UK;

Tier 4 Student Visa (1 year, 6 months)
Tier 2 General Work Visa (3 years)
Spouse Visa: 5 Year Route - 2.5 years granted (1 year)

Total legal stay in the UK - 5 years 6 months

He's having problems with his partner. If they were to separate;

1) Can he apply for a Spouse Visa via another British Citizen?
2) When will the current visa become invalid as it still has 1 year 5 months before it expires
3) Will he have to apply under 5 Year Route again?

Any guidance appreciated!

[CR001]

1) Can he apply for a Spouse Visa via another British Citizen?

Yes, if he is divorced (decree absolute) and remarries through an HO approved Registry after giving the required 28 days notice of intent to marry, which could be extended to 70 days for HO to investigate and interview them separately before giving the ok to marry.

2) When will the current visa become invalid as it still has 1 year 5 months before it expires

His current spouse has an obligation to inform HO that the marriage has broken down. There is a specific form that needs to be completed. HO will then likely curtail/cancel his visa.

3) Will he have to apply under 5 Year Route again?

Yes, from scratch again and pay the immigration health surcharge and meet ALL the requirements again.

[shady87]

1) Can he apply for a Spouse Visa via another British Citizen?

Yes, if he is divorced (decree absolute) and remarries through an HO approved Registry after giving the required 28 days notice of intent to marry, which could be extended to 70 days for HO to investigate and interview them separately before giving the ok to marry.
The marriage was done outside the UK and they provided the marriage certificate when they applied for the spouse visa, so the UK has no record of it as it was done outside of the uk so I guess this doesn't count?

2) When will the current visa become invalid as it still has 1 year 5 months before it expires

His current spouse has an obligation to inform HO that the marriage has broken down. There is a specific form that needs to be completed. HO will then likely curtail/cancel his visa.
What happens if she doesn't, and he remains in the UK till when it's about to expire and then he applies for another Spouse visa with his new partner, will this be an issue?

3) Will he have to apply under 5 Year Route again?

Yes, from scratch again and pay the immigration health surcharge and meet ALL the requirements again.

[CR001]

The marriage was done outside the UK and they provided the marriage certificate when they applied for the spouse visa, so the UK has no record of it as it was done outside of the uk so I guess this doesn't count?
Yes it does count, they do have a record because he applied for a spouse visa. Both parties must declare in a new application that they are free to marry. He must get divorced and submit evidence of the divorce with a new spouse visa application. He also cannot marry anyone before he is divorced.

His current spouse has an obligation to inform HO that the marriage has broken down. There is a specific form that needs to be completed. HO will then likely curtail/cancel his visa.
What happens if she doesn't, and he remains in the UK till when it's about to expire and then he applies for another Spouse visa with his new partner, will this be an issue?
Yes, it can be as it is a material fact that is not being disclosed to HO.

[seagul]

I think you are in rush to live with new partner and then get visa but unfortunately it does not work in that way. You were issued the spouse visa based on your previous legal marriage which is in the HO records. The best course of action will be to divorce the 1st partner then you can be able to marry again and remember if you try to marry even outside of UK with another partner while being remained marry with 1st partner then that marriage won't be accepted.