Uk Fiance Visa

[chaiyapoon]

I have finally found a thai lady that I want to marry.My problem is that I am currently only half divorced in Uk having a decree nisi in november last year.My wife was going ahead with the absolute but has now delayed her application(hopefully only for a short time).This now causes me a problem can I go ahead with a fiance visa?

I travel to Thailand in less than two weeks for a months stay.It was my intention to make an application for my girlfriend during that time.It is almost certain that I would be free to marry within the 6 month period.I'm hoping to get my wife to apply for decree absolute in the next few days.

[GU22]

From DSPs Chapter 13

13.9 - Evidence required for fiancé(e) and proposed civil partnership applications

If the only reason for a couple not being free to marry/enter a civil partnership is that one of them is awaiting a divorce/dissolution of a civil partnership, entry clearance should not be refused for this reason alone (though ECOs would normally expect to see some evidence that divorce/dissolution proceedings are well under way). The reasoning behind this is that the divorce/dissolution may well come through within the six months leave to enter period, thereby enabling the couple to marry/register a civil partnership. ECOs should however be aware that divorce/dissolution proceedings may take longer than 6 months to resolve. The applicant may then apply for leave to remain as a spouse/civil partner. Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month period, they may apply to the Home Office for an extension of stay.

Which basically means that you may apply, and if the ECO is satisfied you will probably receive your decree absolute in time to have the marriage before the end of the 6 months, then they will probably issue the fiance visa.

If you do not obtain your decree absolute in time then you may, as it says, apply to the Home Office for an extension, but there is no guarantee that it will be granted.

Up to you if you want to chance it, but I'd recommend waiting for your absolute.

[stevebow]

I was in the same situation last year and decided to apply for the Visit Visa whilst waiting for the absolute to be finalised. I recieved my divorce whilst she was here over christmas and we then re-applied for the fiancee visa as soon as she returned to Thailand. Thankfully everything went smoothly and she was granted the second Visa 2 days later.

I know its a pain waiting, but it really is worth it in the end

Steve