Marriage ending due to adultery

[Eddie42]

So my partner and I got married in November 2018, it’s was a quickie wedding just so she could get a visa. We (supposedly) loved each other but neither of us were big on marriage so we just got it done. In March 2019 I found out she’s been with someone else, but we made up and moved on. Over the course of the next few months this repeated, with the same person. You may be wondering why I didn’t just end it, I figured if I did she would have to leave and if we wanted to repair things it would be a lot more difficult to get her a visa if we cancelled her current one. Now we are over, but still living together as there is nowhere either of us can realistically go. She is now refusing to notify the home office of our change in circumstances. It might just be because I’m upset but I’m pretty sure she was using me for a visa. She told this person that we weren’t really together, it was just a sham for the visa (I can prove this), but this wasn’t the impression she gave me (I can prove this too).

My questions are:
Do we have to wait until the divorce is finalised before we notify the home office or should we do it now as we are technically separated?
Since she is refusing to notify the home office is this something I can do instead? I don’t want to get prosecuted for it.
I’ve said she has to pay for the divorce as she was unfaithful but she’s refusing, where do I stand legally on this? It *should* be a quick divorce as we have no shared assets (individual bank accounts, I have a car which I acquired before we met, we have no kids and neither of us earn enough money for there to be a standard of living argument, in fact she earns more than me).
Once we notify the home office how long can she work on her visa and/or stay in the country? She needs to save up enough money to leave which I understand.
She may be getting sponsorship from her employer which I think was her plan all along, would this be affected by this situation? Call me bitter but I’d like that to not happen.

Obviously I want her out of my life ASAP so I can move on, but she seems to be dragging her feet so she can stay here longer. It’s not a great atmosphere at home.

Thanks

[CR001]

Either partner can notify HO. If you withdraw your support for her visa, you inform HO and HO will curtail her visa.

Presumably you have found the prescribed form to do this?

Once we notify the home office how long can she work on her visa and/or stay in the country? She needs to save up enough money to leave which I understand.

How long it takes depends on HO, it could take a couple of weeks or a couple of months for her to get a curtailment letter. Her visa will be curtailed to 60 days validity.

She may be getting sponsorship from her employer which I think was her plan all along, would this be affected by this situation? Call me bitter but I’d like that to not happen.

What line of work is she in? Is she highly skilled? She also cannot switch to a sponsor work visa within the UK either. She has to apply from her home country.

[Eddie42]

Thanks for the quick response. Her job isn’t classed as skilled, but there is a chance they will offer her a skilled/management position to get round it. I already found the forms on the home office website but it’s worded in a way which suggests the visa holder has to do it. Should I notify them now? We’re separated, but she needs to earn money for her plane ticket etc, but I’m worried that if we leave it I could get prosecuted.

[CR001]

Thanks for the quick response. Her job isn’t classed as skilled, but there is a chance they will offer her a skilled/management position to get round it. [/quoteunfortunateky for her, RLMT would need to be done to prove she hasn't been pre selected and that no British EU or settled person is available for the job. False rlmt or an rlmt that is specifically tailored to her to exclude all others will result in failure. Ho is a bit more switched on to the abuse of sponsors. Presumable her employer is an ho approved tier 2 sponsor??

I already found the forms on the home office website but it’s worded in a way which suggests the visa holder has to do it. Should I notify them now? We’re separated, but she needs to earn money for her plane ticket etc, but I’m worried that if we leave it I could get prosecuted.

Either spouse can use the forms once the relationship breaks down, even before divorce. You won't get prosecuted. However any future spouse visa you support light be more heavily scrutinised.