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Hi,

My husband is on spouse visa and in 7month is due for applying for ILR. The problem is that I am unhappy in this marriage and want to divorce. He is asking to wait until he gets his ILR. We have a common child together.
My question is how legal to support him with the application if I intend to end the marriage? My profession requires ethical conduct so I don't want to do anything wrong.

Thank you in advance

What's your child's age and what plans you have for your kid post divorce? If child is going to have continued relation with father then you may have to take that into consideration.

If he cannot secure his own tier 2 sponsor and then ILR, he may have to go back to his home country, which will make it difficult for child to spend time with him. Switching visa category may reset his ILR clock.

Depending on the reasons for divorce and keeping child in mind you may have to take your decision. When you end your marriage is up to you both and can't see anything illegal/unethical in it. Anyways, that's just my opinion.

srsw wrote: ↑

Wed Jan 01, 2020 1:21 pm

If he cannot secure his own tier 2 sponsor and then ILR, he may have to go back to his home country, which will make it difficult for child to spend time with him. Switching visa category may reset his ILR clock.

Why only tier 2 sponsored visa? There are other options without having to leave the UK (for tier 2 he would have to apply abroad). If they divorce, the parent can apply for FLR(FP) parent route, 5 year route if he meets the requirements or 10 year route if not, provided he has joint custody etc etc.

CR001 wrote: ↑

Wed Jan 01, 2020 1:28 pm

srsw wrote: ↑

Wed Jan 01, 2020 1:21 pm

If he cannot secure his own tier 2 sponsor and then ILR, he may have to go back to his home country, which will make it difficult for child to spend time with him. Switching visa category may reset his ILR clock.

Why only tier 2 sponsored visa? There are other options without having to leave the UK (for tier 2 he would have to apply abroad). If they divorce, the parent can apply for FLR(FP) parent route, 5 year route if he meets the requirements or 10 year route if not, provided he has joint custody etc etc.

Thank you for your replies.
I'm not sure my child will benefit from relationships with her father. Can he apply for FLR(FP) if he isn't able to look after my daughter even for a day?
Initially my husband applied for a spouse visa on grounds of my disability but he doesn't look after me, I had to make visitor's visa for my mum, who regularly comes and helps me. Can she stay in the UK permanently?

He would be able to make an FLR fp application because he has a British child.

No your mom cannot stay in the UK permanently with you sponsoring her.