Leave to remain for litigation

[rshelar]

Can a spouse of a British national apply for any leave to remain/ visa to the UK to appear or contest any litigation in UK courts?

If yes, on what basis can such an application be made?

This is in situation where the dependent visa has expired and the marriage has broken down but a divorce has not been issued.

[CR001]

No, there is no such visa category.

If the person whose visa expired is outside the UK, they will have to apply for a normal visitor visa and meet all the requirements.

Note also that divorces in England do not have court hearings. Divorce is granted on papers submitted.

[rshelar]

Thank you for your reply.

I was meaning any other category other than visitor visa. Can the person claim on the basis of spouse of british national (even though current leave was curtailed following breakdown) to appear for court proceedings or leave for occupation orders in UK ?

I understand most divorces are granted on paper, but this is regarding contested matters which require a court appearance.

[CR001]

I was meaning any other category other than visitor visa. Can the person claim on the basis of spouse of british national (even though current leave was curtailed following breakdown) to appear for court proceedings or leave for occupation orders in UK ?

No, there is no such visa for your circumstances. Ho could say you can have a legal representative in the UK to work on your behalf.

I understand most divorces are granted on paper, but this is regarding contested matters which require a court appearance.

There is no special visa. You only have the option of a visitor visa, if you can get one.

[CR001]

If your questions in this topic relate to your "friend" you posted about previously, I strongly suggest you ask your friend to register on the forum and ask their own questions. Not sure why you are getting involved in this issue.

immigration-for-family-members/curtailm ... l#p1758401

[rshelar]

Thank you CR001. Understood now