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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 Chinese wifes 2 year visa expires shortly and we are in

Resolved Question:

My Chinese wife's 2 year visa expires shortly and we are in the process of filling in the form to extend it, however we cannot find the required divorce papers from her previous marriage in China. Is there anything we can do?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Did you have to divorce form when you applied for the spouse visa initially?

What application are you making, for Further Leave to Remain or Indefinite Leave To Remain?

Tom
Customer: replied 2 years ago.
Further leave to remain as my wife needs more time to pass the living in Uk test
Expert:  Thomas replied 2 years ago.
Can a further copy be obtained from China or wherever she divorced?

Tom
Customer: replied 2 years ago.
difficult and lengthy if done in person, otherwise almost impossible
Customer: replied 2 years ago.
if done in person very difficult and lengthy...if not in person impossible
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your reply.

The UKBA keeps copies of all documents submitted with spouses visas. This would have included a copy of the divorce decree that your wife received and submitted with her application.

However, relying on the UKBA is not the most ideal position to be in from my professional experience.

In the circumstances I would say that you should submit the document without the copy of the decree but write in your covering letter that it appears that you have simply misplaced it. Refer to the fact that it was submitted with the original application and ask them to retrieve the file, consult and obtain a further copy for use in your FLR application.

State that this should not be considered to be a controversial request since the spouse visa would not have been issued without the divorce papers and outline the apparently draconian requirements of the Chinese government to have a certified copy. State that a reasonable person would consider it unreasonable and disproportionate to require an applicant to attend China in person to obtain a copy of a decree which has already been examined upon consideration and determination of the initial spouse visa application.

On balance, I would hope the caseworker is sympathetic and accepts the omission on reliance on the copy they have held.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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