Divorce and remarry - spouse visa

[rodrigoflima]

My girlfriend (brazilian) married a resident English and took the spouse visa. Now she wanna to divorce to remarry me (im portuguese).

1. They are not living together anymore
2. The husband don't wanna a divorce
3. Her document expires in jan 2019

How to proceed?

[CR001]

Divorce in England when both spouses AGREE takes 6 to 7 months. When one does not, it will take considerably longer and your girlfriend will be an overstayer once her visa expires.

How long have you been in a relationship with her and living together??

[rodrigoflima]

How long have you been in a relationship with her and living together??

Approximately 10 months.

[Casa]

Unless your girlfriend has grounds for petitioning for a divorce, if her husband doesn't agree she will need 5 years of separation.

Best seek advice from a family law practitioner.

You haven't been living together for the mandatory 2 years in a durable relationship 'akin to marriage' to qualify for an Unmarried Partner visa.