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Dear Sir/ Madam, I am a dual national, Brazilian/ British

Dear Sir/ Madam, I am a...
Dear Sir/ Madam,

I am a dual national, Brazilian/ British and so is my former wife. We were married in the UK in 1990, where we lived until 2001. We have since been living in Brazil. We got divorced in Brazil in January 2008, under Brazilian proceedings, confirmed in court. I have subsequently (Nov 2011) married a Brazilian lady. My questions are: 1- How do I inform the British Authorities/ Registrar of my divorce ? 2 - How do I inform them of my new marriage, so that I can apply for the proper Visa for my new wife ?

Thanking you in advance for your advice.
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Answered in 9 hours by:
8/15/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

Do you intend to settle permanently within the UK, or simply bring her here for a visit?

Tom
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Customer reply replied 5 years ago
Dear XXXXX,

Thanks for your prompt reply. I realise this was a two fold question, family and immigration law. One of my concerns is to register my divorce and my second marriage, in the UK, if that is at all necessary. My second concern is to get the proper staus for my new wife in so far as immigration is concerned. I own a house in the UK and wish to use it more often ( as a visitor). The immigration law part of the question then is how to get the proper staus for my new wife. If possible, i would also appreciate it, if you could address my concern on how to register my divorce and new marriage.

Thank you.

Cesar
Hi Cesar,

Thanks for your patience.

There is no facility in the UK for you to update your divorce and new marriage. To prove that a person is divorced in the UK you have to produce the decree of divorce. If you were divorced in Brazil then this will be the divorce certificate/decree that made you legally divorced.

I presume this will be in Brazilian and so you should pay to have it translated in to English by a translation company and carry both the original and the translation with you so that you can produce this if required to immigration official here in the UK.

Similarly the only way that you prove you are married here in the UK is to produce the marriage certificate. This is the Brazilian marriage certificate that you have and it will be binding provided that you were divorced at the time of marriage and the marriage was carried out according to Brazillian law.

She should also update her passport to her married name.

If you intend to visit the UK rather than to both return here to live permanently then she will still have to apply for a visa before she comes because marriage does not change the fact that she is a visa national and requires a visa to enter.

However, if you are to come for regular visits then I would advise that she applies for a Multi-Entry Visitor’s Visa over a five year period which means that she can visit as much as she likes with you without applying for further visas and providing that her time in the UK does not exceed 6 months in any 12 months period. Details of this visa and how to apply here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/

&
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/apply/

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Customer reply replied 5 years ago
Dear XXXXX,

Thank you for the comprehensive reply. One last doubt. What do I need to do with the Divorce Decree and New Marriage Certificate ? I understood that I need to have it translated by a Sworn translator. Does it also have to be legalised at the British Consulate in Brazil ? Or will the Sworn Translation be sufficient ?

Thank you.

Cesar
Hi,

I would personally have it legalised if you are able to, but if you are able to produce the translations, divorce certificate and marriage certificate then I would still expect her to be granted entry.

Please remember to rate my answer.

Kind regards,

Tom
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