Thanks for yoru question.
This is a difficult situation as, although your partner may have a impeccable immigration track record, he has attempted to defraud the UKBA by entering into a sham marriage. This raises questions as to his credibility.
As it currently stands, I am of the opinion that the best thing he can do is to divorce the worman, return to his home country before his Visa expires and for you to travel to him, marry him and then subsequently make an application for a Spouse Visa.
If you wish to discuss, please feel free to ask further questions.
The reason I am of the opinion that he should nbot apply from the UK is because he is a party to a sham marriage.
If the UKBA are made aware of his attempts to enter into a sham marriage, this will affect his credibility and subsequently result in any applications being made refused by the UKBA.
The alternative is for him to obtain a divorce from his current legal Spouse and then apply for a Certificate of Approval in order to marry you in the UK. Provided he can obtain his divorce and the certificate of approval before his existing leave to remian expires, he should be able to make an application from within the UK.
I nopte you state that you will be applying as Husband and Wife. Please note, when an application is made by a husband or wife, this is known as a Spouse Visa and as such, your partner will be making this application if you are married and he subsequently applies to regularise his stay.
If you wish to discuss, please feel; free to ask further questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).