How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Awan-Legal Your Own Question

Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
60469748
Type Your UK Immigration Law Question Here...
Awan-Legal is online now
A new question is answered every 9 seconds

Hi There Does my wife need to prove she is single. As I

Resolved Question:

Hi There

Does my wife need to prove she is single. As I have already submitted Fiancee visa UK for her and will they refuse if not included. I included my divorce cert. She is applying from Brazil. In the application form did not mention it. She is not previously married or divorced. We have 2 children.



Thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : To marry a Brazilian national, a certificate of no impediment is required. Obviously you will be marrying in the UK though if you are applying for a spouse visa; is that correct?
Customer:

Sorrry

Customer:

I was on the phone

Customer:

Yes indeed.

Customer:

We were just concerned. I made a silly mistake

Customer:

I already applied for a settelemt visa andsent a marriage cert before 2nd application for fiancee visa

Customer:

They refused my 1st application

Customer:

As my first wife divorce was later than my 2nd marriager

Customer:

So now

Customer:

I am doing fiancee visa

Customer:

Explained in app I did not know the ruling and will marry my partner in the UK

Customer:

Just wanted to make sure she does nt need a single letter as it costs money for

Customer:

the application

Customer:

Lost money on 1st app

Customer:

was it right thing to do

Customer:

?

Customer:

We married in Pakistan on 18th June, 2009.

Customer:

But we lived in Dubai on seperate work visas. You need to be married to live together

Customer:

So we married in Pakistan. She is brazilian I am british. I took her to Pakistan as UAE ask for a single letter which would take too long. Goingback to Brazil etc

Customer:

So we went to Pakistan in June 2009

Customer:

After 2 years we have a son born in Dubai with British passport now. I moved back

Customer:

to UK last year. As she is brazilian she can only visit as a tourist.

Customer:

She is in Brazil

Customer:

My first divorce was in MArch 2010

Customer:

And We married in 2009

Customer:

But we lived in Dubai as it is legal there. To marry before divorce. Only enterd in UK on Feb 2011

Customer:

And I did not know My settleemt uk visa for my wife would be refused

Customer:

Based on marriage cert dated before divorce Is that Correct?

Customer:

And now new application is for Fiancee visa as I did not want to marry again in PAkistan or Brazil as it would take a long time and my wife has had a baby girl last month in Brazil

Customer:

Please advise

Awan-Legal : Thats ok
Awan-Legal : Your marriage will not be valid under uk law and so the first application was correctly refused. However, as you are now divorced this should not pose a problem with your fiancé visa.
Awan-Legal : You will need to show evidence that you intend to marry within the UK however.
Awan-Legal : evidence that you intend to marry or register your civil partnership within a reasonable time (usually 6 months)
Awan-Legal : You should explain the above in your cover letter to the embassy.
Awan-Legal : Alternatively your partner will also qualify to enter the uk as an unmarked partner if you have documents to show that you were living together for two years in Dubai etc.
Awan-Legal : The Unmarried Partner rules permits an overseas national to enter or remain the UK as the unmarried partner of a person living here.If you are seeking entry to the UK as an unmarried partner (including a same-sex partner), you must fulfill the following requirements:You are seeking to enter the UK because of your relationship to a person who is present and settled in the UK,you and the sponsor are over the age of 18 on the date that you plan to arrive in the UK, andyou and your partner are intending to live together permanently in a relationship 'akin to marriage'.
Awan-Legal : You will also need to show:
Awan-Legal : You have already been living in a relationship akin to marriage for two years or more. Couples will need to show this prior to the application. Couples will need to prove that the relationship is long term and committed. Evidence to support this could be bank accounts, domestic bills or official records of a shared address.
Awan-Legal : Any previous marriage or similar relationship by either partner has permanently ended. Each party in the unmarried relationship must be able to provide information regarding any previous marriage or partnership akin to marriage. They will be required to specify how long ago the previous relationship ended, whether by divorce or separation.
Awan-Legal : Finally, you must satisfy the following requirements:The person present and settled in the UK must have adequate funds to be able to support their partner as well as any dependants without claiming public funds.Accommodation for the unmarried partner must be sufficient and suitable.Children of unmarried partners who are under 18 years of age may be eligible for entry into the UK as dependants. They are allowed to apply at the same time as the main applicant.
Awan-Legal : Therefore, you should explain that you were separated when you met and started living together and you later got divorced - you married in Dubai which was valid before the divorce under the laws in Dubai so thought this would also be valid. You should explain that you now wish to marry in the uk and show arrangements for the same.
Awan-Legal : Just to add that you would not require a certificate of no impediment to marry in the UK and you simply need proof to show that any previous marriages have ended (your divorce certificate), however it may be wise just to evidence your wife's position in being single to avoid any further problems given that you were refused previously. Technically, it is not a specific requirement for the visa but is required for marriage in Brazil. However, the entry clearance officers can be pedantic at times so to avoid a refusal on this basis and avoid paying appeal fees of £140 if refused the cheaper option may be to get a certificate of no impediment now (although likely to be successful on appeal as the divorce certificate should suffice).
Awan-Legal : As above it is not a technical requirement so I wanted to find something on the ukba's own website which clarified this. I have now located the link so you should quote this on your Cover letter and definitely do not need to include the certificate of no impediment for any of you as an entry clearance officer could not refuse your applications on this basis as it is not a requirement (see below):
Awan-Legal : SET1.15 What evidence is required to prove freedom to marry?For single adults, the Registrar normally accepts the parties' declaration that they are free to marry. The ECO should, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he / she is going to marry. This is unless there are strong grounds to believe that one of the parties is still married/in a civil partnership or has been married / in a civil partnership previously and is concealing this fact. In such cases the ECO should make whatever enquiries as seem appropriate.The ECO should warn anyone going to the United Kingdom for marriage who has previously been married / in a civil partnership that he / she may be required to provide the Registrar with evidence of freedom to marry before the Registrar can accept a notice of marriage.Where the ECO has doubts about an applicant's intention to marry, the ECO should ask to see evidence of freedom to marry before issuing an entry clearance:Widowed person: death certificate of the late spouse.Surviving civil partner: death certificate of the deceased civil partner.Divorced person: evidence of divorce eg a divorce certificate.  NB for the UK this is a decree absolute divorce certificate - this is stated on the order from the Family Court. A person is not legally divorced until the decree absolute is issued.  A decree nisi is not acceptable evidence.SET13 Overseas divorcesDissolved civil partnership: evidence of the dissolution, for example, dissolution certificate.
Awan-Legal : Sorry if I confused you about it being wise to get them anyway as the entry clearance officers sometimes have poor quality decisions which could lead to an appeal - however if you clearly set out the above guidance to them they cannot refuse you on this basis as it would be against their own guidance. I will post the link to the web page:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set1/
Awan-Legal : Hopefully that should save you the cost of applying for the certificate of no impediment.
Awan-Legal : If you decide to opt for the unmarried partner application, she will be granted a two year probationary period visa and she can then apply for indefinite. The fiancé visa will give her six months for you to marry in the uk, she would then apply for the two year visa extension in the uk and then for an indefinite visa.
Awan-Legal : I hope my answer has been helpful. Please click accept and let me know if you have any other questions. Best of luck.
Awan-Legal : I have just realised that you have already submitted the application - there should be no problem on thE single issue given the above. please let me know if you have any questions, thanks
Awan-Legal : I have just realised that you have already submitted the application. Hopefully there should be no problems and they will grant her visa as you have provided a divorce certificate this time. If you have any further questions from the above please let me know. Please click accept otherwise. Thank you.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 2 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
Awan-Legal
Awan-Legal
Solicitor
95 Satisfied Customers
Specialist in immigration law with the highest level of accreditation in this area and with many years experience.