Fiance visa

[Clup2020]

Hi Cullinan,

I am rally in such a confusing situation and I need help please

I am a British citizen live in the UK since 2012.
I was married in Egypt 2012 to my Ex she was also British. and then we separated without a divorce in 2015.

In 2016 I got married again in Egypt without divorce my Ex.

In 2019 I went to Egypt and I officially divorced my Ex.

3 month ago I applied for a fiance visa for my wife to come and join me in the UK and of course I couldn't apply for spouse visa as my second marriage wasn't valid in the UK.

We have got the fiance visa for 6 month.

So far so good

However we went to the registration office and we submit a notes of marriage then 10 days later I got that letter saying
" my divorce in not valid as I part of it was obtained in the UK they mean when I told my ex we will have" Talaq" and the other part when I went to Egypt to officially divorced. And according to the low all divorce must take place in one country.

So now i am so confused and don't know what should I do.

Note, I have two British kids both from my current fiance.

Please help

[CULLINAN]

Hi Cullinan,

I am rally in such a confusing situation and I need help please

I am a British citizen live in the UK since 2012.
I was married in Egypt 2012 to my Ex she was also British. and then we separated without a divorce in 2015.

In 2016 I got married again in Egypt without divorce my Ex.

In 2019 I went to Egypt and I officially divorced my Ex.

3 month ago I applied for a fiance visa for my wife to come and join me in the UK and of course I couldn't apply for spouse visa as my second marriage wasn't valid in the UK.

We have got the fiance visa for 6 month.

So far so good

However we went to the registration office and we submit a notes of marriage then 10 days later I got that letter saying
" my divorce in not valid as I part of it was obtained in the UK they mean when I told my ex we will have" Talaq" and the other part when I went to Egypt to officially divorced. And according to the low all divorce must take place in one country.

So now i am so confused and don't know what should I do.

Note, I have two British kids both from my current fiance.

Please help

You and your wife were married in Egypt? You both were living in UK when you got divorced? You said “talaq” in UK? Why did you go to Egypt for divorce?

Moderators: Please split topic.

[CR001]

We have got the fiance visa for 6 month.

What evidence did you submit to prove you are free to marry?

[Clup2020]

Hi Cullinan,

I am rally in such a confusing situation and I need help please

I am a British citizen live in the UK since 2012.
I was married in Egypt 2012 to my Ex she was also British. and then we separated without a divorce in 2015.

In 2016 I got married again in Egypt without divorce my Ex.

In 2019 I went to Egypt and I officially divorced my Ex.

3 month ago I applied for a fiance visa for my wife to come and join me in the UK and of course I couldn't apply for spouse visa as my second marriage wasn't valid in the UK.

We have got the fiance visa for 6 month.

So far so good

However we went to the registration office and we submit a notes of marriage then 10 days later I got that letter saying
" my divorce in not valid as I part of it was obtained in the UK they mean when I told my ex we will have" Talaq" and the other part when I went to Egypt to officially divorced. And according to the low all divorce must take place in one country.

So now i am so confused and don't know what should I do.

Note, I have two British kids both from my current fiance.

Please help

You and your wife were married in Egypt? You both were living in UK when you got divorced? You said “talaq” in UK? Why did you go to Egypt for divorce?

Moderators: Please split topic.

Yes we were married in Egypt.

Yes we both were living in the UK.

Yes I didn't really made a Talq I just verbally told he I will
divorce you when I go to Egypt as we were already separated.

I went to divorce in Egypt as I thought the divorce must took place in the sane country the marriage was obtained

[CULLINAN]

We have got the fiance visa for 6 month.

What evidence did you submit to prove you are free to marry?

[Clup2020]

We have got the fiance visa for 6 month.

What evidence did you submit to prove you are free to marry?

We submitted my divorce certificate and the fiance visa as well as our passports.

[Clup2020]

Any advice will be much appreciated as I really don't know what to do?

How could the home office approve the visa and accept the divorce certificate but the general register office don't

Thanks

[CR001]

Why did you tell the registry about the talaq??

[Clup2020]

It written in the divorce certificate.

It's part of the official divorce form.

The thing is I don't even preformed a Talq as we separated in 2015 and in 2019 I just told her that I will officially divorce you when I go to Egypt.

[CULLINAN]

I think the issue here is that your ex-wife was not present in Egypt when you got divorced in Egypt. I believe, the divorce should have been obtained in UK instead. But, your fiancé getting a fiancé visa as per the same divorce certificate and now HO not accepting to register the marriage in UK is confusing to me..

Can you copy paste the full HO letter? Obviously hide all personal details.

[Clup2020]

Thanks so much CULLINAN,

I know it's and I really don't know what to do.

The letter came from the general register office though not from the home office!
Is thee is any way that I can upload the letter in here for you guys to take a look?

Thanks

[CULLINAN]

Thanks so much CULLINAN,

I know it's and I really don't know what to do.

The letter came from the general register office though not from the home office!
Is thee is any way that I can upload the letter in here for you guys to take a look?

Thanks

You can take a photo or screen shot and upload as an attachment. I am not sure if this feature is available to new users though. If it available you should see an attachment tab just below where you type your reply.

[Clup2020]

Unfortunately there is no option for me to upload any attachments,

The letter simply saying

"as the divorce was obtained partly in the UK (where I pronounced the Talq) and partly in Egypt" where the divorce was subsequently registered "it does not satisfy section 46(1)(a) all proceedings must take place in one country.

Option for your legal advice to consider applying for the court for this country for declaration of the marital state and if the court fails to recognise the divorce then you may be able to petition the court for a divorce under English law.

[Clup2020]

Any suggestions please

[CULLINAN]

Any suggestions please

Page 40 onwards:

https://assets.publishing.service.gov.u ... 1.0ext.pdf

[Clup2020]

That make sense,
Did the home office doesn't know about that then?
Why they approve the fiance visa then?

Thanks CULLINAN for all your help

[CULLINAN]

That make sense,
Did the home office doesn't know about that then?
Why they approve the fiance visa then?

Thanks CULLINAN for all your help

I am not sure about that how the fiancée visa was approved using the same divorce certificate. However, I think you should pursue the case and argue on the same basis. If divorce certificate was accepted previously and your fiancée is in UK already, HO should accept it to register the marriage also now.

[Clup2020]

Thanks again so much for all the help.

My only concern is if I raise that issue, the home office could cancel the visa? could that happened?

[CULLINAN]

Thanks again so much for all the help.

My only concern is if I raise that issue, the home office could cancel the visa? could that happened?

Did you contact the registrar? What do they say about the situation?

[Clup2020]

To be honest I didn't, I don't want to grap the they attention plus they have already advised me of what to so plus also the low is clear on the link you sent earlier.

My only option if you agree is to apply for an online divorce through the court here and as we don't have any shared financial or housing or kids it could take 3 motns plus we also separate over 5 years ago and that might help

The only issue I will have is time as I only have 4 month left on the fiance visa?
What do you think?

[Clup2020]

No any thought guys

I will get a solicitor on Monday and hopefully it will be a way out of this

Please please let me know if anyone had any thoughts

Thanks

[Clup2020]

could I request an extention from the home office till I get the divorce done?
If I send them the letter from the registration office to explain the situation would they extend the visa?
Thanks so much