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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I would like to make an inquiry about my Visa

Resolved Question:

Dear Sir ,
I would like to make an inquiry about my Visa status,
I have residency in UK Leave to remain for 30 months obtained Feb 2014 on basis of British Partner ,and 8 years old British son , ( guaranteed on exceptional circumstances / 10 years route) However I was married to my partner in my country 2005 ( I have Official marriage certificate ) live together since 2005 but didnt apply for spouse visa then because he was still married to English Citizen , He got divorce in August 2013.
Sadly My husband now is terminally ill cancer. My inquiry is would you advice me to apply for spouse visa now and fellow the 5 years route , before any thing happened to him , or it will not make a such difference if my husband died as I could apply for ILR as bereaved partner as I have read in Gov website .
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. I am happy to say you have three options open to you. Firstly, you can apply now on the basis of a spousal visa with the essence being that after five years in the UK you can apply for settlement or the permanent right to remain. Secondly, as you suggest, you can do nothing now and apply on the death of your partner as a bereaved partner. This continues you on the 10 year path to settlement and permanent right to remain. Thirdly, as your son is a British citizen, you have the right under the Zambrano judgment of the European Court of Justice TO BOTH live and work in the UK to support your dependent son. This route will allow you to both live and work in the UK or any part of the EU until your son is 18 or until such times as you fulfil a five year period in the UK for settlement and permanent right to remain. Be aware that this option is good also if you want to live and work in another EU country where you might move to live with your son.
Customer: replied 1 year ago.

Thank you very much for reply,

However I wonder if I would be able to apply for spouse visa because when I married my husband in Jordan 2005 he was already married to his English wife in UK, So presumably my Marriage certificate in not valid in UK ?? So I may not be able to rely on that , and might apply as un married partner ?? is that right ???

I am now on (limited leave to remain) on the basis of my British Son (8 years) which will be due to renew Aug 2016.

Would you advice me to try to swich my category and apply for unmarried partner now (worrying if my husband died before the renewal date will not be able to apply for unmarried partner ) or wait until my limited leave to remain due to renew ??

If I do nothing and my husband died I wonder if the Home office would accept an application for ILR as beavered partner considering my previous application was on the basis of British son FLR(O).

The purpose of my questions and enquiries is to try to find short route to ILR permanently with my other son(16) who is my dependant , and worrying in the future if I will not be able to satisfy the financial limit of (22.200) yearly income .

Thank you very much

Expert:  Buachaill replied 1 year ago.
2. Your marriage certificate is not invalid in the UK as it was your husband who was bigamous. Just because he engaged in bigamy, this does not automatically invalidate the marriage as a matter of English law. The marriage cannot be recognised whilst there is a subsisting English marriage but there is nothing to prevent its recognition subsequently. Such as after the divorce. I would advise you to apply on the basis of being a spouse and if the Border AGency raise the issue of the marriage being invalid, then you can move to being an unmarried partner. However, put your best foot forward and allow time for a subsequent application in case your first application as spouse is not accepted. This is the quickest route to settlement and ILR. As a fallback, you can then try as an unmarried spouse.
Customer: replied 1 year ago.

Thank you very much for quick reply,

Yes my husband got his divorced August 2013 , we went then to Marriage Registry to get officially married in UK they said they can not marry us again because we have already married in Jordan 2005 and they can not do that unless we provide a statement from Jordanian Embassy or a Solicitor to say that our marriage is not valid.

We will apply for spouse visa and see what HO would say ,

Thank you very much again

Excellent Service

Expert:  Buachaill replied 1 year ago.
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