Switching Spouse Visa
#16
Re: Switching Spouse Visa
I have two questions:
1) Did the OP inform the Home Office that his marriage had ended after receiving his decree absolute?
2) What was the length of time between the decree absolute being issued for the first marriage and the ceremony for the second marriage?
1) Did the OP inform the Home Office that his marriage had ended after receiving his decree absolute?
2) What was the length of time between the decree absolute being issued for the first marriage and the ceremony for the second marriage?
#17
Forum Regular
Thread Starter
Joined: Apr 2015
Posts: 35
Re: Switching Spouse Visa
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.
So, do you think i should consult a lawyer and lodge application through the lawyer or should i go for premium (one day) service ?
I mean with lawyer they are gonna do the same thing , aren't they ? Take up the details and then investigate , Same they can do if i go myself using premium service . Right ?
Thanks for the detailed answer . Much appreciated
#18
BE Forum Addict
Joined: Aug 2013
Location: Athens GA
Posts: 2,134
Re: Switching Spouse Visa
You refer to "lodging an application", but what application, what forms, are you even able to from within the country?
Honestly, your replies indicate that you are confused and there are indications that you could be headed for very real problems. That is why I and others advise you to consult a lawyer. That is the only way you will understand your current status and what your future options may be.
Good luck!
#19
Forum Regular
Thread Starter
Joined: Apr 2015
Posts: 35
Re: Switching Spouse Visa
Consulting a lawyer and using the premium service are two quite separate things. It is not a case of one or the other.
You refer to "lodging an application", but what application, what forms, are you even able to from within the country?
Honestly, your replies indicate that you are confused and there are indications that you could be headed for very real problems. That is why I and others advise you to consult a lawyer. That is the only way you will understand your current status and what your future options may be.
Good luck!
You refer to "lodging an application", but what application, what forms, are you even able to from within the country?
Honestly, your replies indicate that you are confused and there are indications that you could be headed for very real problems. That is why I and others advise you to consult a lawyer. That is the only way you will understand your current status and what your future options may be.
Good luck!
Hi midAtlantic, Thanks for the reply. Yeah i understand , as a last resort, would have to consult some other lawyer . The one i contacted asked me to lodge the application and see what happens.
#20
Re: Switching Spouse Visa
Good luck.
#21
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Thread Starter
Joined: Apr 2015
Posts: 35
Re: Switching Spouse Visa
Thanks for the tip christmasoompa.
Hi BritInParis, I couldn't understand what you meant by 'OP' , i didn't inform the HO . I was given divorce by my Ex so i thought that she must have informed the HO. I am not sure if she did or didn't . I didn't recieve any email/ letter from HO. All i know is i am on a valid visa which is still on going.
It's a bit over an year ago that i got divorced . And i got married very recently.
As i have already explained, the registration office did send our marriage registration request application along with the docs to HO. which included my divorce certificate as well.
And after the wait of 70 days, got acceptance from HO to go ahead.
Thanks.
Hi BritInParis, I couldn't understand what you meant by 'OP' , i didn't inform the HO . I was given divorce by my Ex so i thought that she must have informed the HO. I am not sure if she did or didn't . I didn't recieve any email/ letter from HO. All i know is i am on a valid visa which is still on going.
It's a bit over an year ago that i got divorced . And i got married very recently.
As i have already explained, the registration office did send our marriage registration request application along with the docs to HO. which included my divorce certificate as well.
And after the wait of 70 days, got acceptance from HO to go ahead.
Thanks.
#23
Banned
Joined: Nov 2014
Posts: 364
Re: Switching Spouse Visa
Thanks for the tip christmasoompa.
Hi BritInParis, I couldn't understand what you meant by 'OP' , i didn't inform the HO . I was given divorce by my Ex so i thought that she must have informed the HO. I am not sure if she did or didn't . I didn't recieve any email/ letter from HO. All i know is i am on a valid visa which is still on going.
It's a bit over an year ago that i got divorced . And i got married very recently.
As i have already explained, the registration office did send our marriage registration request application along with the docs to HO. which included my divorce certificate as well.
And after the wait of 70 days, got acceptance from HO to go ahead.
Thanks.
Hi BritInParis, I couldn't understand what you meant by 'OP' , i didn't inform the HO . I was given divorce by my Ex so i thought that she must have informed the HO. I am not sure if she did or didn't . I didn't recieve any email/ letter from HO. All i know is i am on a valid visa which is still on going.
It's a bit over an year ago that i got divorced . And i got married very recently.
As i have already explained, the registration office did send our marriage registration request application along with the docs to HO. which included my divorce certificate as well.
And after the wait of 70 days, got acceptance from HO to go ahead.
Thanks.
There was a link posted in post #9. Have you read it?
You certainly are not 'on a valid visa which is still ongoing'. When you got divorced you should have notified the HO and applied for another visa or left the country.
Can only hope they reject whatever application you are planning to make and deport you.
#24
Forum Regular
Thread Starter
Joined: Apr 2015
Posts: 35
Re: Switching Spouse Visa
Whats with the acting as if none of this is your responsibility and assuming other people should have done things and contacted you?
There was a link posted in post #9. Have you read it?
You certainly are not 'on a valid visa which is still ongoing'. When you got divorced you should have notified the HO and applied for another visa or left the country.
Can only hope they reject whatever application you are planning to make and deport you.
There was a link posted in post #9. Have you read it?
You certainly are not 'on a valid visa which is still ongoing'. When you got divorced you should have notified the HO and applied for another visa or left the country.
Can only hope they reject whatever application you are planning to make and deport you.
You can hope whatever you like.
#25
Re: Switching Spouse Visa
Thanks for the tip christmasoompa.
Hi BritInParis, I couldn't understand what you meant by 'OP' , i didn't inform the HO . I was given divorce by my Ex so i thought that she must have informed the HO. I am not sure if she did or didn't . I didn't recieve any email/ letter from HO. All i know is i am on a valid visa which is still on going.
It's a bit over an year ago that i got divorced . And i got married very recently.
As i have already explained, the registration office did send our marriage registration request application along with the docs to HO. which included my divorce certificate as well.
And after the wait of 70 days, got acceptance from HO to go ahead.
Thanks.
Hi BritInParis, I couldn't understand what you meant by 'OP' , i didn't inform the HO . I was given divorce by my Ex so i thought that she must have informed the HO. I am not sure if she did or didn't . I didn't recieve any email/ letter from HO. All i know is i am on a valid visa which is still on going.
It's a bit over an year ago that i got divorced . And i got married very recently.
As i have already explained, the registration office did send our marriage registration request application along with the docs to HO. which included my divorce certificate as well.
And after the wait of 70 days, got acceptance from HO to go ahead.
Thanks.
#26
Forum Regular
Thread Starter
Joined: Apr 2015
Posts: 35
Re: Switching Spouse Visa
It was your responsibility to inform the Home Office that your marriage had ended. As your visa was reliant on your marriage to your sponsor then it would have become invalid as soon as your divorce was granted. SanDiegogirl has provided the link to the relevant information in this regard in Post #9. If you had married again very shortly after your divorce was granted then it may have been possible for you to be sponsored for a second spouse visa from within the UK by your new wife providing that you both met the relevant requirements. Since it has been more than a year I cannot predict how the Home Office would now react to receiving a FLR(M) application from you with a different sponsor presuming you are able to marry as planned.
Thanks
#27
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Switching Spouse Visa
Thanks a lot for your reply. Much appreciated. Just a quick question. Don't you think that if they had any objection, they would had raised it when i applied for marriage registration. They didn't raise any objection. In fact, the letter i got from them stated that i have complied with the investigation. Although they didn't call for the interview or anything, i believe that they must have done some internal investigation and background checks.
Thanks
Thanks
#28
Forum Regular
Thread Starter
Joined: Apr 2015
Posts: 35
Re: Switching Spouse Visa
Got reply from HO after 70 days wait that i have complied with the investigation.
Thanks.
#29
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Switching Spouse Visa
If one looks at the Further Leave to Remain (M) form, it requires considerable information regarding one's living situation with the original sponsor; and one has to provide documentation evidence of continuously living together, joint responsibilities, financial requirements etc.
All those aspects which prove one has a genuine relationship which has been in place during the 2.5 years of the initial spouse visa.
You divorced after a year of marriage and has subsequently re-married.
Personally, I cannot see how you can apply for FLR(M), based on your original spouse visa, under these circumstances, as you do not fulfill any of the criteria to be eligible to do so.
All those aspects which prove one has a genuine relationship which has been in place during the 2.5 years of the initial spouse visa.
You divorced after a year of marriage and has subsequently re-married.
Personally, I cannot see how you can apply for FLR(M), based on your original spouse visa, under these circumstances, as you do not fulfill any of the criteria to be eligible to do so.
#30
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Joined: Oct 2013
Location: Cheshire East
Posts: 588
Re: Switching Spouse Visa
Everything SanDiegogirl has said is correct. BritInParis has also provided excellent information. You should listen rather than trying to figure out how to get around the rules. Lawyers are notorious for giving incorrect advice as are some of the so-called immigration consultant agencies.
Lots of folks think they have an 'exceptional' situation. With all due respect, you do not. You will NOT be granted a visa if you do not meet the criteria.
Lots of folks think they have an 'exceptional' situation. With all due respect, you do not. You will NOT be granted a visa if you do not meet the criteria.