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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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I am due to make a spouse visa entry clearance application

Resolved Question:

I am due to make a spouse visa entry clearance application and wanted advice regarding my current marital status.
I was previously married in Morocco and later divorced in the UK. I have a UK divorce certificate but did not register the divorce in Morocco. My ex wife is now deceased therefore my marital status in Morocco is that i am widowed. I am concerned that this may negatively affect our spouse visa entry clearance application. As I am currently divorced in the UK, but widowed in morocco. My new wife is from morocco.

I would be grateful if you could advise on whether I would be able to make an enquiry with the UKBA prior to submitting an application for entry clearance for my future wife, as I do not want to submit a costly application for it to be refused due to the above circumstances, which is too late to rectify as according to the Moroccan authorities the marriage is dissolved through death, and will not be able o retrospectively register the divorce.
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 11 months ago.
Thank you for your question. Are you yet married and if so where did you marry if not where do you intend to marry?
Customer: replied 11 months ago.

Hi I am not yet married, but I am planning on getting married in Morocco in the next few weeks, to a moroccan citizen

Expert:  Senior Partner replied 11 months ago.
Ok fine. So far as the marriage is concerned, The UKBA will be principally concerned to know that the marriage is valid and genuine. So far as the UK is concerned you were divorced validly here so there is no reason for them to inquire further. As long as you are married validly by moroccan law the uk will recognise you second marriage so it should not be an issue.
Customer: replied 11 months ago.

Ok, that sounds reasonable, although would you recommend I enclose the UK divorce certificate, and a copy of the Moroccan death certificate along with a covering letter to explain the situation?


Im only concerned as I do not want to go thru a bureacratic headache with UKBA or the moroccan gov, as its too late for me to retro divorce in Morocco so that I appear as divorced on the marriage cert. Im really worried this will cause a problem for my wifes visa application.

Expert:  Senior Partner replied 11 months ago.
yes sounds sensible. they only want to know you are free to marry. The UKBA is more likely to be concerned to know the marriage is genuine and your wife meets the other requirements as to means and so on.
Customer: replied 11 months ago.

Thanks for the prompt reply.


Are you confident that I have nothing to worry about?


I need to be 100% certain that this will not affect my visa application in any way.


Apologies for the same question, but im just worried whoever is processing my application at the UKBA will assume that I have submitted false docs, or made a false representation to obtain a visa, and this is certainly not the case.


We meet all the requirements with regards XXXXX XXXXX just the issue of my marital status that is causing me a headache, as I dont want to submit, only for the application to be refused.


What should I mention in my covering letter?


 

Expert:  Senior Partner replied 11 months ago.
i am quite sure they would not be justified in refusing you. I would simply explain that you were validly divorced in the Uk and enclose your divorce certificate but that you never registered it in morocco and your ex wife has since died so you were free to remarry in morocco regardless of the divorce.

There is no process of registration of divorces and marriages in the UK so the concept is a bit alien anyway. As you will be aware perhaps there is not mechanism for registering your moroccan marriage. I assume your new marriage certificate will describe you as a widower so you need to explain otherwise it would not be something that needed to be raised form a UK perspective.
Senior Partner, Solicitor
Satisfied Customers: 13244
Experience: Solicitor
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