usmanak

Hi,

i came on a 'family of a dependent person' (spouse visa). Got divorced. and now got remarried. Council registration has been done as well.

When i gave application for registration at council. They sent my docs to HO and there was this 70 days waiting period. Then got acceptance from HO.

Now, i want to apply for the spouse visa meaning want to switch from current spouse visa to a new one. My question is that can i opt for premium service (one day service) , Fill up the FLR (M) form and go for it ? Or would i have to go for some different track ? And what are the challenges can i face in the process ? I called Home Office, i have been told that i can opt for premium service but i wasn't given any detail on that. So, i am worried if i opt for that and later on find out that i wasn't eligible for that and will loose all the effort and money as well in applying for premium service. Or instead of rejecting it, would they take my application and proceed it further if i opt for premium service ? what would be the visa application process ?

Really need help regarding all this. Please help. Thanks.

spouse of scouse

I think you've been in the UK since August 2015 on the first stage of a spouse visa? Did both your ex-wife and yourself notify the Home Office that you had divorced? What visa do you hold currently?

usmanak

Hi ,

Thanks for the reply. Yeah , i came in Sept 2015. I don't know if my ex informed home office or not about the separation but like i mentioned in my first post. I submitted my docs including Divorce certificate to registration office which they sent to home office for clearance and after waiting 70 days. Got clearance (well, sort of) as HO did mention that they might re investigate the genuineness of the relation when i ll apply for visa.

But could you please help me regarding what i asked previously.

Thanks.

spouse of scouse

Sorry, I still don't understand what visa you've been given to still be in the UK, as divorce from your sponsor usually means that you have to either leave the country or apply for another visa - I also don't know what you mean by 'registration office' in the context of informing the Home Office that your spouse visa was no longer valid as you and your sponsor had divorced. I'll have to leave your questions for someone more knowledgeable than me to answer. Good luck.

usmanak

Hi,

I am on my previous spouse visa at the moment as it hasn't expired yet.

By registration i mean, the marriage registration through council. When we initially gave the application to get married, they gave us this 70 days timeline and sent our application to HO for acceptance. Now, that is done.

As i am re married now. I want to apply for spouse visa.

Hope that helps.

Thanks.

SanDiegogirl

To answer your question regarding priority service yes, you can apply using priority service.

Whether or not you get approval on this one day priority service I cannot say. Your immigration history is complex to say the least (this is your second marriage in two years both of which have required sponsorship - but you say the HO has given you the go ahead).

Anyone is eligible to pay for priority service. However if you have had previous refusals and/or your application is 'not straightforward' the authorities are under no obligation to provide priority service approval. Several folks on this forum have left the immigration office without their approval and have had to wait until further investigations have taken place.

You pay the money and you take your chance.

usmanak

Thanks a lot sandiago for your reply. I don't have an objection in not getting the same day response but my question was if there is further investigation to be done by the Home Office , would they do that based on the same application that i would give by using the premium service or would they ask to lodge a new application just because the case is complex and can't be judged on the same day ?

And i also still have confusion if i will be filling FLR (M) or some other application as in my case i want to switch visa in the same category that i am currently in.

Thanks.

SanDiegogirl

They would do their investigations based on the application before them (the one you have under priority service. However, as they have details of any other application you have and/or any other visa you have been awarded, these will be looked at in relation to your current application).

Since I have never come across someone applying for another spouse visa, while they already have one (albeit it with an exspouse) I'm not sure which form you apply under.

The FLR(M) form is usually based on a current relationship and wishing to remain in the country based on that relationship. This is not your situation.
I would guess you need to apply for another spouse visa from scratch. (Which is usually applied for from outside country)

SanDiegogirl

Helpful information:

https://www.gov.uk/visas-when-you-separate-or-divorce

MidAtlantic

I think your case is so unusual that you would benefit from legal advice.

From the link SanDiegogirl posted above it appears that you have not complied with the requirements for notifying the Home Office (although I realize you say you have had some kind of acknowledgement from them).

It is not even clear exactly how you should apply.

You seem to be concerned about priority service, but that is possibly the least of your issues right now.

SanDiegogirl

Agree ..... legal assistance would benefit greatly.

usmanak

Thanks sandiago , that's exactly what i am concerned and puzzled about and don't know what to do . I was hoping that i would get some answer regarding this. Searched it , couldn't find any answer that's why posted myself .

Hope someone else here could have had gone seen a similar case and can come up with some substantial sol.

Thanks again for all the help

usmanak

Thanks midatlantic for the reply. Actually, the letter i got from HO states that i have complied with the investigation. But as that application was for registration approval and not for visa, it might be a different case when i apply for visa ..

That's the main concern that i don't know how to apply and under what category , premium service is nt main concern here. I asked for that if that's an option for me or not. Still unclear on that as well.

Novocastrian

Get a lawyer. I think it's probable that you should have left the UK soon after your divorce and then applied for a brand new spouse visa sponsored by your next wife while in your home country.

I don't approve of the UK silliness around non EU spouses but I can't really do anything to change it

I'd also be happy to be proved wrong.

SanDiegogirl

While you might have obtained permission to marry from the HO, I really do not see how you can apply from within the UK.

Upon divorcing you should have left the country, if you could not switch to another visa i.e Ancestry, Work visa, Study visa etc.

You CAN apply to switch to a spouse visa from within the UK if you are in the UK under another visa i.e Ancestry, Work visa, Study visa etc. You are not.

I think you will find that applying for a spouse visa in your situation will either result in you automatically realizing as you complete the application form that you are not eligible OR the application will be processed and subsequently fail.