Fiance visa with prior relationship problem

Question

I am a law abiding British citizen who got married couple of years ago in Bangladesh which was a arranged marriage. Currently estranged my wife and have been for over one year. My wife lives in Bangladesh and comes from a family with far reaching political connections. We were not compatible which became evident shortly after marriage. She had used a visitors visa to come into the Uk and stay here after marriage for five months. The marriage took place in Bangladesh. After arrival it was clear that the immigration rules would not allow a spousal extension on a visitors visa so she had to return to Bangladesh. So, we both returned and the relationship broke down so I left and came back to the UK. I wanted to divorce her. However, I couldn’t divorce her due to the shame it will bring to the family and her family connections would mean that my family who remain in Bangladesh could be hurt. I have met someone else few months ago whom you wish to marry. She also lives abroad. I want to know how i can move forward in this new relationship and bring my new partner to the UK.

I will be really grateful if someone can advice me to get out of this odd situation.

Answer 1

IANAL but I see no easy long-term solution to your situation unless you resolve your marital status.

• You cannot apply for a fiancée visa because to do so you would need to prove that your marriage has ended and that you plan to marry or become civil partners within 6 months of arriving in the UK https://www.gov.uk/uk-family-visa/partner-spouse Although you married abroad, UK Immigration are obviously aware of your marital status because of your wife’s visa.

• Your new partner could seek a work-related visa, if she’s eligible.

• Your new partner could apply for a Visitor visa (assuming she is not eligible for visa-free entry by virtue of her citizenship). However, depending on her personal circumstances (for example, if she has no strong ties to home), disclosing her relationship with you in the application could lead to a refusal if the ECO concluded that she was likely to overstay in order to pursue the relationship. With or without a visa, lengthy repeated visits can also become a problem over time if UK Immigration suspect that your partner is effectively trying to use visitor status to live in the UK.