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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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! My boyfriend has a student visa, but there were some

Customer Question

Hi!
My boyfriend has a student visa, but there were some problems, so basically he has until the 25th of this month to leave or apply for another visa. I'd like to ask if we can apply for a fiancé or any other kind of visa for him. There's one problem: he got married in Australia years ago but they didn't get a divorce when he left Australia. The are separated, but technically still married. Would this affect things? Can we do anything in this short time so that he doesn't have to leave the country? We've only been together for 5 months, ad we live together. What can we do?
Thanks.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

He may lodge an application for further leave to remain if he has good grounds to remain but I am afraid he cannot apply for a fiance visa as he is still married lawfully.

He should use form FLR(O) and hope that he receives discretionary leave to remain. However, personally I do not see him being granted leave to remain and he may be turned down and forced to return back to Australia.

Hope this helps
Customer: replied 2 years ago.

his nationlity is Indian, he got married in Australia. how long would it take for him to get divorced? can we start the application for a fiance or spouse visa and while that's being processed get a divorce as soon as possible?

Expert:  UKSolicitorJA replied 2 years ago.
I am afraid I cannot say how long his divorce will take.

You may start preparing the applications whilst his divorce is finalised.

All the best