UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.
No, if you currently have leave to remain in the UK which is more than 6 months then you are able to apply for a Spouse Visa in the UK without having to leave the UK.
Once you have obtained a divorce you are able to marry in the UK and then submit an application for further leave to remain using form FLR M please see following link to the form and guidance:
I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.
Thank you for your reply.
The problem with what you are suggesting is that you have to divorce first and then apply. If you divorce which usually takes around 6 months in UK when you divorce is complete you are no long a dependent of you wife and you will no longer be her husband, so at that point you will have become an overstayer, however the UKBA usually allow you 28 days leeway to submit an application. Unfortunatley once you have become an overstayer it usually means that the application will be totally at the discretion of the UK. It would therefore be advisable to submit as much evidence as possible regarding your connections to the UK and reasons why you should be not sent back to the US to submit your application. I would suggest you read the case of Chikwanba for clarification which can be found at the following link:
I would therefore advice you to enter into marriage the day after you have received your divorce certificate and submit your application thereafter.
This would be the best scenario to follow to avoid returning to the US to submit an application form there.
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).