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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34588
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have two questions. 1: Divorce - quickest way - when both

Customer Question

I have two questions.
1: Divorce - quickest way - when both partners are consenting.
2: New partner is based outside EU - we want to apply for a marriage visa - how soon can we apply?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have the spouses been separated?
Clare
Customer: replied 2 years ago.

Hi Clare

Sorry for not providing enough information to start with.

We have lived apart for over two years.

Here is my question in full:

I have two questions.

1: Divorce - quickest way - when both partners are consenting. I understand there are three ways - Divorce Petition, Decree Nisi and Decree Absolute. To divorce can we apply for a Decree Nisi ( I think this takes 6 weeks ) and then for a Decree Absolute ( how long does this take ) ? Or is there a quicker way?

2: New partner is based outside EU - we want to apply for a marriage visa - how soon can we apply?

My new partner is Belarusian. We want to apply for a Marriage Visitor Visa. We understand we should apply 3 months before the date of travel to the UK and a decision on the visa is made within 3 weeks.

Questions are:

a: Can we apply during my divorce application or do we have to wait until the Divorce is made absolute though a Decree Absolute?

b: Otherwise at which point during the divorce process can we apply.

c: From a Visa Processing Time, under which category does a Marriage Visitor Visa fall - is it: "Other Visa"

Expert:  Clare replied 2 years ago.
Hi
You need to issue a Divorce Petition based on your ex's Unreasonable Behaviour
Your ex will have to file an Acknowledgement of Service, then you can apply for the Decree Nisi.
Once the Nisi has been granted you can apply for the Absolute six weeks and one day later.
the whole process will take between four and eight months.
You should not apply for the marriage visa until after the Decree Nisi
It is indeed and "Other Visa"
I hope that this is of assistance - please ask if you need further details
Clare