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Spouse Visa - 3 Options Available For UK Citizens Who Are Divorced But Not intent to Stay in the Home Country
Spouse Visa - 3 Options Available For UK Citizens Who Are Divorced But Not intent to Stay in the Home Country
If you have a UK citizen spouse who is not a UK resident by birth, you can apply for the marital status in the UK even if they are not ordinarily present in the country. The same applies if you have a UK citizen sister or a son who is not a UK citizen by virtue of being born in the UK.

Similarly, a mother who is not ordinarily present in the country and who has a child who is a UK citizen by birth can apply for the marital status in the UK despite both being non UK residents by birth. The child might be a British citizen by birth but be an immigrant by virtue of being born overseas. The same applies to children that are naturalised British citizens by virtue of being born in the United Kingdom and who happen to have grown up in the country but who later wish to reside permanently in the UK.

 

Getting a divorce is not easy in the UK unless one of the spouses has a green card and is a permanent resident of the United Kingdom. However, in certain circumstances where one of the spouses is a British citizen and at the same time a UK resident by birth, there are certain routes through which a divorce can be granted. The first of these is called the'spouse and children' route. This route requires the consent of both the husband and the wife in order to go ahead with the divorce. In most cases this'spouse and children' route will also need the consent of the child's guardian or parents.

 

Another option open for those who have a spouse and who wish to apply for the marriage of the couple is the 'English language' route. In this case, the spouse must be an English speaker, which is a necessity since most proceedings will take place in English. In addition, the spouse of a UK citizen who is interested in applying for an spousal visa needs to be prepared to take an English language test.

 

Yet another option open for those who have a spouse and who want to apply for divorce is called the 'undeforce' route. Under this route, the application does not require the spouse to have an immigrant visa or even a leave to enter the country. The person applies for divorce only if the couple no longer wants to stay in the UK. For this, the applicant has to submit an application for divorce and leave the country without waiting for the decision of the court. Usually, it takes about three months from the date of application for the leave to begin.

 

The third route, known as the 'visa and visit visa', is provided for the spouse of a UK citizen who is planning to visit another EU member state temporarily. The 'visa and visit visa' was introduced for people who visit their partner from another EU country for around three months. For the duration of the visa, both the UK citizen and his or her spouse can work in the member state of the partner while he or she is away. However, the spouse has to return to the home country before the six-month period is over.

 

An'indefinite leave to remain' or'indefinite leave to apply for a visa' are the most frequent type of visa available for UK citizens who are divorced but do not intend to stay in the home country permanently. An'indefinite leave to remain' can be granted if the spouse of a UK citizen who is settled in another EU country also visits the home country for less than two months every year. An'indefinite leave to apply for a visa' can also be granted to a person who has a permanent job and who wants to work in the member state of the partner. This is the cheapest type of visa you can get for the purpose. Usually, it takes around three months for the decision on the application to be carried out.