Second wife visa - How to remove first wife's name from HO

[djasifali]

Hi All,

I have a very important and confusing query where I require all your expertise advises and suggestions please.

I was married previously in Oct 2013 and my first wife came to UK as a dependent on my Tier 1 general visa PBS then, our relationship started having problems, we decided to separate and our marriage ended in Oct 2014 when we went back to India. As this was done mutually between families recorded on a stamp paper in India and nothing else, I came back to UK and received no further documentation after that.

My query starts here, as I recently got married again October this year. And wish to apply for a settlement visa for my second wife. I am a British citizen now. However the UKBA might still have my first wife details with them as they still do not know about our separation. As mentioned before I do not have any other documentation apart from the stamp paper signed by witnesses regarding our separation. I am worried that UKBA might not accept the stamp papers as a valid document and would require something more tangible. It has been more than 3 years to our separation and she had never come back to UK after Oct 2014 as her visa would have expired with mine.

Could anyone please guide me as to what steps do I need to follow to inform the UKBA about my first marriage dissolution, and would they require any other proofs as I have nothing but the stamp paper photocopy from India.
We never contacted each other or in touch with any family member since then. I am really confused and not able to find the right answer to my query.

Thanks,
A

[CR001]

HO would expect to see official divorce documents, i.e. a decree absolute or the court equivalent from India.

It is mandatory to submit this with a spouse visa to prove that you were free to remarry.

You should also have informed HO back then that your relationship with your previous spouse had ended.

[djasifali]

Hi,

Thanks for your reply, I can get the divorce certificate from India by following the procedure. However my concern is whether the divorce certificate from India accepted as I am a British Citizen now or do I have to follow some other route ? Pls help

Thanks,
A

[CR001]

Any official court document dissolving a marriage would be accepted. The divorce certificate from court cannot be dated after your second marriage, so not sure how you would get around that issue as you have already remarried.

[djasifali]

That's where I am having a concern as to whether HO will accept if its dated after the second marriage, its permissible as per Muslim law but I appreciate that UK law does not accept that. However my case is genuine and just need clarity as to how to convince HO.

Thanks,
A