Can I Submit My Application Yet?

[t_kaay]

Hi all, I'm going to Pakistan in Sept and want to submit an application for my fiancee to come to the UK in order to marry. I am previously married and by the time I go my decree nisi will have been issued. The decree absolute will be issued 6 weeks later but I will already be in Pakistan by then with no way of getting hold of it until I get back to the UK. So, my question is, can I submit the application with the decree nisi, or do I have to wait until the absolute is issued, which is just a formality? Would the ECO accept the the absolute will be issued as a matter of formality? I can't change travel dates and really wanted to submit the application whilst I was there. Thanks.

[Rozen]

The decree absolute will be issued 6 weeks later but I will already be in Pakistan by then with no way of getting hold of it until I get back to the UK. So, my question is, can I submit the application with the decree nisi, or do I have to wait until the absolute is issued, which is just a formality? Would the ECO accept the the absolute will be issued as a matter of formality? I can't change travel dates and really wanted to submit the application whilst I was there. Thanks.

I don't know much about divorce, but I do know that a decree nisi is an interim stage in divorce proceedings, and that one is still married until they get the divorce absolute.
The way I see it, your application may be refused because technically you are STILL married! Anything can happen between the nisi and the absolute (ie. the two parties reconcile).
On the other hand, you can apply and explain in the 'Additional Notes' section at the back of the application, that your decree absolute will be ready in six weeks, and you will forward it then.
To be honest, unless the ECO is very understanding, or is in a paticularly good mood that day, I think you will just be throwing away money by making this application before your decree absolute comes through. Not to mention the 'inconvenience' of having a 'refusal' to your name.
If I were you, much as it is annoying that you cannot change your travel arrangements, I'd hold off putting in the application until the absolute is ready.
I mean, you only have to look at the flimsiest of reasons that ECOs will refuse an application; and yours without a decree absolute, for an application leading to marriage, isn't exactly a small thing.
Whichever you go for, I wish you all the best!
Not bad for a person who's not familiar with divorce issues, hey!

[batleykhan]

Just to back you up Rozen for definite here is the answer

Each of the parties to the unmarried or same-gender partnership is required to provide evidence regarding any previous marital or other relationship akin to marriage/civil partnership they have had. They should be asked to specify how long ago the previous relationship was terminated, either by divorce/dissolved civil partnership, by separation or by death:

* Widowed person: death certificate of the late spouse.
* Surviving civil partner: death certificate of the deceased civil partner.
*
Quote:
Divorced person: evidence of divorce eg a divorce certificate. NB for the UK this is a decree absolute divorce certificate - this is stated on the order from the Family Court. A person is not legally divorced until the decree absolute is issued. A decree nisi is not acceptable evidence.
Overseas divorces [link to section on overseas divorces]
* Dissolved civil partnership: evidence of the dissolution eg dissolution certificate.

[batleykhan]

hope that helps