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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my visa is going to expire 24th of sept what shoul i do

Resolved Question:

my visa is going to expire 24th of sept 2011 what shoul i do? pls help me how can i extend
my visa for at least one month more? im divorced and i want to get marry but there's no time left.pls help me....
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What visa are you presently on?

Kind regards

Tom.
Customer: replied 3 years ago.
im on spouce visa which is going to expire on 24th sept 2011,im divorced on 1st of april 2011.
Expert:  Thomas replied 3 years ago.
Hi,

Do you have any children with your ex-spouse?

Is the person that you wish to marry a UK national, if not please state their nationality and immigration status in the UK?

How long have you been here on your spouse visa?

Kind regards,


Tom
Customer: replied 3 years ago.
no i dont have any children. the person whom i want to marry is from nepal,but she is ILR holder.im here in uk for two years.i seperated from my ex-wife from january 2010,and i entered in uk on 17 july 2009.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Sorry to say, but I’m afraid you have go t yourself in to a bit of a pickle.

No doubt you are aware that divorcing your spouses creates considerable problems in terms of your spouse visa. Had the UKBA found out that you had divorced they would have written to you informing you that they had curtailed your visa and ask that you leave the country. The problem is that remaining married to your spouses is a condition of your visa so you have therefore put yourself in breach of your spouse visa which makes it invalid.

Even if you somehow managed to reach the period for which you could otherwise have applied for ILR (two year residency) you would be prevented from doing this now because you are no longer married to the spouses and this is a very, very strict requirement.

There is no restriction you physically being able to marry your new partner because there is no requirement for a certificate of approval any longer. You will simply have to prove your identities by taking your passports and proofs of address and then put your notice of marriage up at the registry office where you are to marry.

The problem is that you would then have to apply for a spouses visa based on your new marriage. When you come to do this the UKBA will say that your present visa is curtailed because you are no longer married to the person and ask that you leave the country to make an application from your home country. The application would be rejected and you would be forced to appeal. I would not be at all optimistic of your chances of success.

My advice would be to see a local immigration solicitor about advising you on a out-of-country application and then instruct them to prepare it. You could then marry and return home with the correctly evidenced and collated application to submit straight away to the embassy back home.

The UKBA will be suspcicious of your new relationship so it is absolutely crucial that you have as much documentary evidence as possible (eg. Photos, telephone records, correspondence, evidence of time spent together , statements from you both and those who also know that you have been together) to prove that you new marriage is genuine and credible.

Sorry it could not be better news, but if your application is well drafted and the UKBA accept your new marriage as genuine then you would have a decent chance of securing a new spouse visa if you make an application to the embassy from your home country.
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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
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