Ask an UK Law Question, Get an Answer ASAP!
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.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.
I will answer your follow up questions you may have.
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).