Advice Needed

[robert34]

hello robert welcome to the forum..please check this link :
http://www.ukvisas.gov.uk/en/ecg/set...ncees#18013077



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 six months 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 six-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

thanks a lot for the information, I think its probably safer for me to wait to get the final divorce paper (absolute), I have the nisi already but I dont wants give them any excuse to reject our application.

Another question I had is can you apply for a Spousal Visa with the Local Marriage certificate, or do you need to wait for the one thats gets issued by the NSO at a later date. Did anyone submitt thgeir visa appliaction with just the local marriage certificate issue at the registry office where they got married?.

thanks,
Robert

[sars_notd_virus]

Another question I had is can you apply for a Spousal Visa with the Local Marriage certificate, or do you need to wait for the one thats gets issued by the NSO at a later date.

you need the NSO marriage certificate for spouse visa application.

[Terpe]

thanks a lot for the information, I think its probably safer for me to wait to get the final divorce paper (absolute), I have the nisi already but I dont wants give them any excuse to reject our application.

Another question I had is can you apply for a Spousal Visa with the Local Marriage certificate, or do you need to wait for the one thats gets issued by the NSO at a later date. Did anyone submitt thgeir visa appliaction with just the local marriage certificate issue at the registry office where they got married?.

thanks,
Robert

I support your sound thinking concerning waiting for the Absolute.
There's quite a good possibility that you could secure a Fiancee Visa on the evidence of Decree Nisi and supporting letter, also there is quite a good possibility that you could secure a visa extension if the Decree Absolute didn't come through. But.....it's all added stress, you still can't get married, plans have to be on hold and your fiancee cannot work or move on with her new life properly.
The divorce processes can be lengthy when issues remain unresolved. You may feel some additional pressues to weaken any position you have (not taking sides here). Most financial issues are 'rest-of-life' impacting and whatever may be given away now under pressure, may come back to haunt you later in life.
If there are children involved they should come first in any divorce, and will need the best financial support possible.

As has already been confirmed by sars, you need to secure an NSO marriage certificate.
Many on here have said it's is sometimes possible to speed up the issue process.

Good luck.

[robert34]

Hello Terpe,
Many thanks for your good advice on the issues. My kids are 21 and 23 with one to complete his last year an university next year, thankfully the Uni fees at the old rate. I am trying not to rush the finances on a divorce settlement but offsetting that is the situation of just putting everyones life in limbo uncluding my ex wife, so I may end up giving some ground on the finances, so we can all move on with our lives. Hopefully not too much ground as you say it will affect us in the future.
Shame about having to wait for the NSO marriage cert, I will look into ways that could be possibly sped the process up.