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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a british citizen born here in the UK. In 2007 i married

Customer Question

I am a british citizen born here in the UK. In 2007 i married my wife in India. She did not settle well in UK, and went back after 6 months. I cancelled her spouse visa, and she was refused entry on return flight here. In 2010 we are officially divorced in the UK, but not in India. What do i need to do to get her back. Can i re-apply for a spouse visa for her?

Any help much appreciated!
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you remarried her, or do you intend to do so?

Do you meet the new salary or financial requirements??

Tom
Customer: replied 1 year ago.

Do i need to remarry her as we got married in India, i posted a message to LawyersClubIndia.com a few months ago and was told our marriage is still legal in India, so i don't think i need to remarry her.


 


Can you tell the new salary & financial requirements are?

Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your reply.

If you have obtained a divorce in the UK then you would be considered divorced under the law in this country. For the purpose of the immigration rules I believe this would supercede any indication to the contrary in India.

Therefore, it would be necessary for you to either apply for a fiance visa to marry again here or to marry outside of the UK to apply for a spouse visa.

The finanical requirements came in to force in July 2012 and so you will also have to meet these. This means that in order to qualify for a spouse visa you have to earn an annual salary of £18, 600.00.

However, there are other ways of meeting the requirement if you have other income or savings.

Details on how you can meet the salary requirement are contained here, on the UKBA webpage on the following:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Sorry I could not have better news for you, but if you do meet the financial criteria then the application should be fairly straight forward.

You should both submit sworn statements regarding the reasons for the initial divorce and then give details to advise on and corroborate your reconciliation.

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Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

I do meet the financial requirements. These are the steps based on my understanding of what you have written:


 


Remarry the girl in India. If i am already married to her in India then this is not needed, and we can use the original indian marriage certificate.


 


Step 2 we apply for a spouse visa, and provide sworn statements to reconcile the marriage.


 


Step 3 submit the application for spouse visa in India as before.


 


This is a lot to do, can i and her just not write statements to the Indian Embassy or some place?

Expert:  Thomas replied 1 year ago.
Hi,

You have to apply for the spouse visa again, I'm afraid.

I would take advice from an Indian lawyer as to whether or not you are regarded as still being married though.

Thanks for rating my answer.

Tom

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