Want to apply for sppouse Visa

[immi281]

Hello
I am actually posting this thread for my sister. I am living in UK.
My sister is in Pakistan and was married in Pakistan, but was divorced in 2007. She came to visit me with my parents back in 2006 when she was married and applied for visit visa.
Lately she applied for another visit visa for 2 years with her son who is six year old now and got that as well as being married. Lately she got divorced but hasn’t informed the ukba or anything and kept the same surname and the passport on which she had the visit visa for 2 years.
Last year she applied for visit visa again for 5 years and got it stamped on her previous surname.
She got married last year again and her husband is living in UK, so they would like to come to UK with her son. But as she has applied as being married first two times and still hasn’t changed her surname even on the last visa which she has got last year in April.
Can you please suggest what should we do when submitting the application to come to UK
How to come over the allegation if there is any from UKBA regards to her previous marriage in Pakistan and why she hasn’t informed UKBA straight away or didn’t change her surname. (on all thre applications she has mentioned that she was married)
Can any one suggest us the way please.
Thanks in advance

[harv]

Hi immi281

I am an expert in this but can see some logic in this.

If the divorce took place after the last UK VISA was applied for then it is fine because that means that your sister did not lie about her circumstances while applying for the UK VISA.

I noticed in your post that you were the sponsor of your sister when she was coming to the UK on visitor VISA and not her husband. However did she give false details to UKBA when applying for 5 years visit VISA i.e. that she is still married ? if so, then there is a problem. If she did not indicate anything about her husband in the 5 years Visit VISA then I do not see any problems.

Keeping the surname in the passport is a different matter. As far as I understand it is an individual's right to keep or change their name/surname. So not changing her surname back to original is entirely her decision is should not jeopardise her case.

Applying for the Settlement VISA with her new partner - you will need to provide legal evidence of the divorce prior to her current marriage i.e. she was legally divorced at the time of marriage. So if you provide this evidence of her legal divorce and marriage, it should cover the requirements.

[immi281]

Hello
Thanks for your quick reply
I was her sponsor and her brother. In her previous visas she has mentioned that she was married
What sort of problem could that be from UKBA? providing with all the legal documentation for her divorce
Can you please advice how to come over this allegation which might be there when submitting the application?
Thanks

[MelC]

Where did your sister get married?

you say she "mentioned" she was married ~

to her former or current spouse?

I'm sorry, I am a little confused with your post,

are you saying that she was actually divorced when she had her last visit visa but just left it as married?

what "allegation" are you expecting she might get?

[immi281]

Sorry that I was not very clear there.
She was married in 2004 for the first time and came to UK to visit me in 2006 with her 1 year old son, she was married that time and mentioned as married.
She re-applied for another 2 year visit visa in 2007 and mentioned as married in application form but that time she was divorced and same thing been done last year when she has applied for third time visit visa which she has got for 5 years.
So basically last two times she has mentioned married in her application where as she was divorced.
She married in pakistan now last week and her husband holds british nationality.
The allegation what we are expecting that why she has mentioned "married" in her last two applications.
What would be the case for her 6 year old son? Can he also apply for when my sister apply for her spouse visa if so under which category and application forms.
I am sorry for the confusion in my last thread as I was not very clear there.
Thanks