Visa help

[Mac M]

My divorce from my Pinay wife should come through any day now. We married in the Philippines and was just wondering if I can now start to apply for a visa for my new Pinay girlfriend to come here and get married.

[joebloggs]

Nothing to stop you as long as you have met, but beware your risk of refusal may increase because of your circumstances, eg how long your previous marriage lasted, how long you've been separated, how long you have known your new g/f , you need to take extra care to show your relationship is genuine.



Marital History If the applicant/sponsor have a prior marriage, they must include their divorce certificates (or death certificates in the case of widowers). If divorce certificates cannot be produced, the applicant/sponsor must provide evidence that the divorce would be recognized in the UK as legitimate.

If the sponsor or applicant has been in a relationship "akin to marriage", documentation should be provided that shows that the prior relationship has permanently broken down or in some other way permanently dissolved. If the applicant intends to rely upon common law as evidence of divorce (as in the Philippines for example), professional advice should be sought.

Applicants awaiting divorce from a prior marriage will find it difficult to qualify as a spouse and we suggest that applicants in these circumstances apply for a fiance visa.

http://www.londonelegance.com/transpondia/family-visas/spousal-visa

[Mac M]

Met my wife in 2004 - married 2008 - then separated soon after. In total, we had 3 x 6 month visas for her. Met my gf in 2011 and have a full record of our relationship. It's just taken ages to get the divorce together in this country. Thanks for your help

[andy222]

Good luck with your application. :xxgrinning--00xx3:

[joebloggs]

Met my wife in 2004 - married 2008 - then separated soon after. In total, we had 3 x 6 month visas for her. Met my gf in 2011 and have a full record of our relationship. It's just taken ages to get the divorce together in this country. Thanks for your help

Sounds like you shouldn't have a problem then. :xxgrinning--00xx3:

This might be helpful if you're going to apply for a fiancée visa but risk of refusal might increase


SET1.17 What if the divorce / dissolution process is not yet finalised?

An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce / dissolution proceedings are well under way.

While the divorce / dissolution may well come through within the 6-month Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce / dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce / dissolution to come through at the end of the 6-month LTE period, they may apply to UK Visas and Immigration for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

https://www.gov.uk/government/publications/fiancees-set01/fiancees-set01#set117-what-if-the-divorce--dissolution-process-is-not-yet-finalised