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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner is in the process of getting a divorce and I wonder

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My partner is in the process of getting a divorce and I wonder if I can begin the process of fiance visa application concurrently or if I must wait until he has the final decree. He is a citizen of Wales and I am an American citizen. Thank you! Kate
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi Kate,

 

 

 

Thanks for your question.


You should wait until such time as he has obtained his Decree Absolute, this is the final divorce decree which confirms a person is legally divorced.


If you submit your application prior to this time without notifying the UKBA that a decree absolute is shortly anticipated then it would be rejected. If you send the application prior to DA but with a covering letter stating that decree absolute shall follow it would be at the discretion of the Entry Clearance Officer to decide whether to wait, or to reject the application (and keep the fee).


If the ECO rejected the application because of no DA then you would not win on appeal (unless you found an highly sympathetic judge) because you are only permitted to produce evidence on appeal if it was in existence at the time of the original application.

It's far too much risk in my view and I would instead focus on mitigating the impact of the delay by ensuring that your application (as drafted) is cogent and fully documented with supporting evidence. If you have not instructed a solicitor to prepare the application then I would certainly submit it to a solicitor prior to application to check it and bring any defects to your attention so that you can be confident of approval when you do actually apply.

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

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