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A bit weird situation.. Help needed

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A bit weird situation.. Help needed

Post by Old_El_Paso » Thu Nov 23, 2006 12:09 pm

Hiya! I got married in March 06 with an English citizen. Unfortunately things went wrong and we are not living together any longer, we haven't had any kind of domestic violence, just got a lot of differences and argues, so we decided to separate. We haven't applied for a divorce as we got married recently, but we are planning to do it as soon as we can. My current visa is for two years and expires in May 2008. I am also working in the city as account manager for a financial company. My questions are:
1. Can my company apply for a work permit? If they can, should I wait until my visa run out?
2. I would like to make a Master as well, do you reckon should I apply as student or for a WP?
3. How long does it take to get divorce? What is the implication of that in immigration status?

Thank you for your advice.


Old El Paso

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Post by Kayalami » Thu Nov 23, 2006 10:39 pm

1. Yes - this is the best option. No you should not wait until your spousal visa runs out - get a WP application and approval immediatley. Once the WP approval is granted you need to return to your home country and apply for a WP entry clearance.

2. Your choice but the WP would be the better and possibly only practical/ feasible option. Student visa's have a returnability aspect i.e. you would need to have an intent return home at the end of your studies. This intent is open to subjective interpretation by the entry clearance officer and you may get a visa refusal. Your spousal visa would have led to settlement - this places the burden of proof on you to really show that you will leave the UK upon completing your studies. The subjectivity I mention tends to be proportional to your socio-economic ties back home often determined by the economic status of your country.

3. You may not file for divorce prior to 1 year of marriage - Mar 07. Therafter depending on whether you and your spouse deal with the matter amicably and there are no children involved it may be possible to have your decree nisi within 3 months. From an immigration perspective you no longer meet one (the key) of the rules of the spousal category - the other one is for your marriage to subsist and it obviously isn't.

It is often worth getting some help from trusted family, friends, professionals etc when marital difficulties arise. If you try everything you both can and nothing works then that is when you would consider going down the divorce route. Hope things work out for both of you either way.