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I am a british citizen born here in the UK. In 2007 i married

my wife in India. She...
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!
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Answered in 2 minutes by:
1/30/2013
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

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

Do you meet the new salary or financial requirements??

Tom
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Customer reply replied 4 years 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?

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.

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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

Thomas
Thomas, Lawyer
Category: UK Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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Customer reply replied 4 years 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?

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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