Nanning and China Information Forum

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    Divorce and Marriage

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    Kev
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    Number of posts : 134
    Age : 56
    Where I live : UK
    I have visited China : 6 times
    Registration date : 2010-01-17

    Re: Divorce and Marriage

    Post by Kev on 22/05/11, 01:51 pm

    Hello to everyone

    My name is YEN .Thanks to everyone for having given us very good advices . But i have got one question to ask .If i can apply for visitor visa to come to England .then we get married in the UK and apply for settlement visa in the UK. Because my present visa is PSW dependant visa which means i can not submit visa application form in the UK. SO we dont need to do everything at such a short time . look forward to your advices .Many thanks



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    davidmckendrick
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    Number of posts : 2192
    Age : 67
    Where I live : Livingston Scotland
    I have visited China : 2 times
    Registration date : 2007-05-12

    Re: Divorce and Marriage

    Post by davidmckendrick on 22/05/11, 02:48 pm

    Hi Yen,
    You could try applying for a visitor visa but you have to apply in China, not UK. Your chances of getting one are around nil. To get a visitor visa you have to convince the visa officer that you do not want to stay in the UK. But you want to get married and get a Settlement visa so your chances of convincing the visa officer that you do not want to stay seem very small.

    You would be better to return to China, get divorced and remarried. Then apply for the Settlement visa. You need the A1 English test but you should be able to get that either in UK or China fairly easily. You should get the Settlement visa because you have already established a desire to reside and work in the UK.

    I'm not sure whether you can convert your current visa into a Settlement visa without leaving the UK but perhaps others on the forum could advise you about this.
    I'm fairly sure you would have to return to China to get divorced and remarried. You can do this and return to UK while your current visa is still valid.

    Since you have already lived legally in the UK for 5 years why not just apply for UK Citizenship for yourself and your daughter? Your daughter could then live here for as long as she likes. If you retain your Chinese passport and ID card and do not tell the Chinese Authorities that you have UK Citizenship then you can return to China on your Chinese passport and renew your passport in China. You can then either return to UK before November on the visa in your old Chinese passport or use your new UK passport. Do not under any circumstances produce both passports at the same time in China or the Chinese authorities will take your Chinese passport off you and throw you out of China and possibly ban you from re-entering for 10 years!!!! Do not try to renew your Chinese passport in UK after getting your UK Citizenship as China does not allow dual Citizenship and they will not give you a new passport!!!!! If you do give up your Chinese passport you can still visit China as a visitor. Your daughter could reapply for Chinese Citizenship anytime after her 18th birthday.

    Best of luck,
    David
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    Kev
    Interested Member
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    Male
    Number of posts : 134
    Age : 56
    Where I live : UK
    I have visited China : 6 times
    Registration date : 2010-01-17

    Re: Divorce and Marriage

    Post by Kev on 22/05/11, 04:53 pm

    Hi David

    Thank you for your excellent advices. My visa is not work permit visa when i came to England in 2005 .So i could not be able to apply for British Citizenship here. We both think the best way we could do is go back to china, get divorced and remarried in china then return to the UK . I am quite sure i can only apply for settlement visa in china due to my Dependant visa. Before November we have to go back again for visa .i am not quite sure if Kev needs to be there with us .Many thanks


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    handyal
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    Number of posts : 3392
    Age : 65
    Where I live : Roi-Et Thailand
    I have visited China : 6 times
    Registration date : 2008-01-06

    Re: Divorce and Marriage

    Post by handyal on 22/05/11, 06:47 pm

    Hi Yen,
    If your not working in the UK how do you support yourself ?
    If your not working then why do you want to return to the UK for 2 years ?
    Do you want to work in the UK ?

    A Visitor Visa does not allow you to work in the UK. Even if you married in the UK you would have to return to China at the end of the Visitor Visa and then apply for a settlement Visa.

    Immigration to the UK has become even more stringent in the last 12 months. Even Family visitor Visa's are being refused.

    A settlement Visa is your only option given the circumstances you have posted. Of course you would both have to divorce and remarry each other. Your daughter would be a dependant and can be added to the same application. You would need to pass the English Language requirement for a settlement visa. You can do this while you are in the UK at any of the open centres.

    Even an application for settlement is not gauranteed. Your application will be under suspicion because you will have both recently divorced, remarried, and made an application to enter the UK. You are going to have to be totally honest about your previous relationships and provide more explanation than the average visa applicant would.
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    davidmckendrick
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    Male
    Number of posts : 2192
    Age : 67
    Where I live : Livingston Scotland
    I have visited China : 2 times
    Registration date : 2007-05-12

    Re: Divorce and Marriage

    Post by davidmckendrick on 22/05/11, 07:44 pm

    Hi Yen,
    I'm sorry, I misunderstood the rules for naturalisation. You fulfill the residential requirements in that you have lived here for 5 years. But you would also have to have indefinite leave to remain which you do not have.

    David

    http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

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