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Rights on spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Insaan111
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Rights on spouse visa

Post by Insaan111 » Mon May 06, 2019 12:47 pm

Hello everyone

I will be moving with my husband on a spouse visa to UK but there are chances that he may ask for getting married again because I have some fertility issues. Hence if he wants me to go back to pakistan so he can bring another wife here or he threatens me to cancel sponsorship for my spouse visa then can he really do that? Would home offic3 cancel my visa? Please advise

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CR001
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Re: Rights on spouse visa

Post by CR001 » Mon May 06, 2019 1:02 pm

He cannot sponsor a second wife for a spouse visa if he is still married to you. Bigamy is illegal in the UK.

If he withdraws his sponsorship of your visa and notifies HO that your relationship has broken down, then yes, your visa is likely to be cancelled.

He will still not be able to sponsor a second wife or remarry if he does not have evidence of a divorce decree absolute dated before the second marriage.

If there is any form of domestic violence against you, physical/emotional/mental/financial, once you are in the UK and you have a lot of supporting evidence and help from police and social services etc, then there is possibly a route for you. He still cannot sponsor someone else while married to you though.
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Insaan111
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Re: Rights on spouse visa

Post by Insaan111 » Mon May 06, 2019 11:12 pm

Thanks for your response. I just came to know earlier today that he has applied for a refund for the application and withdrawing the spouse visa application. He may now bring me on a visitor visa instead. Would that visa application be successful and if it does get successful then how many months will it be for? What chances do i have of becoming permanent whilst in Uk if my husband doesnt support me and wants me to go back instead?

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Casa
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Re: Rights on spouse visa

Post by Casa » Mon May 06, 2019 11:57 pm

You are unlikely to be granted a visitor visa following the withdrawal of a spouse visa showing on the system. What are your husband's intention with the visitor visa, which is only valid for 6 months?

You would be unable to apply for any other visa while in the UK as a visitor and would have to return to your home country when your visa expires.

The spouse visa fee will only be refunded if your application hasn’t already started to be processed.

How long have you been married?
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Frontier Mole
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Re: Rights on spouse visa

Post by Frontier Mole » Tue May 07, 2019 12:16 am

Your husband can unfortunately abandon the spouse visa application by stating he is not sponsoring you any longer. That will cease the application and there may or may not be a application fee refund.

As for getting a visit visa after that - very unlikely it will be granted as the intention was to settle while the visit visa is exactly that - the intention is to return home. A visit visa is measured against your ties with your home country - by definition in applying to settle under a spouse visa previously then you are in effect showing you are willing to sever those ties. With that in mind plus it is difficult to remove a Spouse once in the UK on a visit visa the ECO just will not entertain a visit visa.

Insaan111
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Re: Rights on spouse visa

Post by Insaan111 » Tue May 07, 2019 7:52 am

I have been married for just under 2 months. His intention for visit visa is to keep his options open in case he wants to marry again with or without my permission.

Even if I compromise in the case if we cant have kids then how can I give him piece of mind (other than just verbally) that i wont obstruct him from marrying again?

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CR001
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Re: Rights on spouse visa

Post by CR001 » Tue May 07, 2019 8:01 am

Insaan111 wrote:
Tue May 07, 2019 7:52 am
I have been married for just under 2 months. His intention for visit visa is to keep his options open in case he wants to marry again with or without my permission.

Even if I compromise in the case if we cant have kids then how can I give him piece of mind (other than just verbally) that i wont obstruct him from marrying again?
1. The issue is that you wil likely be refused a visit visa. You would also have to state you are married and to who. This in itself will cause scrutiny if he doe marry a second wife and attempts to bring her on a spouse visa. Even more so if you are fortunate to get a visit visa And are still in the UK. He cannot have the best of both worlds in UK immigration terms. It is not permitted here.

2. Regardless of whether you agree to him marrying a second wife, for UK immigration purposes that means nothing, he cannot sponsor both of you to the UK
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Insaan111
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Re: Rights on spouse visa

Post by Insaan111 » Tue May 07, 2019 9:37 am

So does that mean, other than reapplying for spouse visa there is no other option? It seems as if it is totally messed up for me now.

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CR001
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Re: Rights on spouse visa

Post by CR001 » Tue May 07, 2019 11:24 am

Insaan111 wrote:
Tue May 07, 2019 9:37 am
So does that mean, other than reapplying for spouse visa there is no other option? It seems as if it is totally messed up for me now.
if he is not prepared to sponsor you then you can't apply for a spouse visa.

If he has withdrawn your application and his support in the current one you have made, any further applications by you will likely be heavily scrutinised.
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Frontier Mole
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Re: Rights on spouse visa

Post by Frontier Mole » Wed May 08, 2019 8:21 am

One question comes to mind - why are you even bothering to stay on with your Spouse? He is clearly a individual that does not care about you and has made it very clear you are not coming to the UK through his actions.

You are far better off divorced from him than being in a coercive marriage under the threat of being abandoned in the UK if he stops sponsoring you under a Spouse visa.

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