[suffer]

Hello

My partner is divorced this year, we got married in India after decree nisi and in between period of six month of absolute, when we got married we submitted decree nisi and declared that partner is divorced because court hearing was also done in UK. and we got married and registered in India.

After one and half month we got absolute now.

Now queries are
A : Is it crime in UK that you got married without final absolute ? of course it is. but it was only few days gap ?

B : because of that gap and its sounds crime now we are planning to get married again in UK and that's why we are about to apply fiance visa. So Is applying fiance visa is right decision or we should have to go with spouse visa and tell UKBA true situation ?

C : If we go with fiance visa then would it previous registered marriage in India would affect on fiance visa as its remarry?

D : If we go with fiance visa then we have also book court marriage there in UK and where they will ask you about marriage history what we should have to tell them ? are we again tell them true

E : Is person can not get married again with same person ? yes he/she can and its call VOW but if i will go there on fiance visa and got married there but what would I apply there MARRIAGE or VOW and if VOW then would it be UKBA will give me Spouse visa base on VOW ? or marriage would it be better option ?



I know lots of question but we are stuck and cant find way to get each other.


Many thanks in advance.

 

[Pultet]

I think the only problem i see here is the date of the decree absolute and your marriage elapses. i'm not sure if you can apply for fiance because you will be providing marriage certificate right? so that becomes spouse visa. if you are applying fiance visa you need to do a lot of explanation.

 

[suffer]

I think the only problem i see here is the date of the decree absolute and your marriage elapses. i'm not sure if you can apply for fiance because you will be providing marriage certificate right? so that becomes spouse visa. if you are applying fiance visa you need to do a lot of explanation.

If I won't submit marriage certificate and apply as a single and my partner is already divorced so partners divorce documents and apply for fiance visa.

Reason why my head thinking this because if I will submit marriage certificate and apply as a spouse then they can easily find out days gap between absolute and marriage certificate and that might lead to crime for my partner. And in such case it might refuse or remove me because it might be count as crime... It would be great if someone throw focus on that refuse and crime...

Please correct my knowledge

Joppa and nyclon... Waiting for your suggestions too..

 

[Karra]

But, if you apply as a single don't you need to provide an impediment certificate to prove that you are not married?

 

[Joppa]

You may be seen as having committed bigamy under UK law, but as it involves a legal matter in another country (India - I don't know if India allows polygamous marriage), it's not straightforward and you should consult a lawyer conversant with both UK and Indian laws.

 

[Pultet]

True. If you apply as single you will need to provide a proof of marital status.

 

[suffer]

You may be seen as having committed bigamy under UK law, but as it involves a legal matter in another country (India - I don't know if India allows polygamous marriage), it's not straightforward and you should consult a lawyer conversant with both UK and Indian laws.

bigamy not allowed in India, If I will apply fiance visa and mentioning with single, do they check my background marital status as I am very young 26. Would it be concern ? and visa will actually process in India or UK ? I am applying from India.

 

[Karra]

As far as I know, you need to provide from your local marriage registrar that you are not in marriage, regardless your age.

 

[Joppa]

They may check your marital record, but in any case it means lying on the application. If found out, you will be guilty of dishonesty and likely to get a 10-year ban. You only need someone with grudge against you to tell Home Office, both before and after you get your visa. In the latter case, your visa can be cancelled and you can be deported.
The best thing you can do is to get your marriage cancelled in India on account of your then incomplete divorce situation and either apply as fiancé or marry afresh and apply for spouse visa.

 

[bluesky2015]

They may check your marital record, but in any case it means lying on the application. If found out, you will be guilty of dishonesty and likely to get a 10-year ban. You only need someone with grudge against you to tell Home Office, both before and after you get your visa. In the latter case, your visa can be cancelled and you can be deported.
The best thing you can do is to get your marriage cancelled in India on account of your then incomplete divorce situation and either apply as fiancé or marry afresh and apply for spouse visa.

Hi Joppa. Sorry to just jump in. One of my friend who has the same issue and she got married in the US. can she cancel her marriage and marry afresh in the US and then apply for a spouse visa ? She was asking me for an advice but I have no idea what to tell her..thank u

 

[Joppa]

May be possible, but she must take professional legal advice on a complicated issue like this.

 

[bluesky2015]

May be possible, but she must take professional legal advice on a complicated issue like this.

Ok, thank you Joppa, I will let her know that