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here as dependent of work permit holder and facing divorce

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sweetpea
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Posts: 2
Joined: Mon Jan 08, 2007 3:56 pm

here as dependent of work permit holder and facing divorce

Post by sweetpea » Mon Jan 08, 2007 4:05 pm

Hello,
I am in a rather unique situation. Details as such:
I am American.
I married my husband April 2006, he's Australian and holds a UK work permit.
As the dependent of a work permit holder i am here in the UK on a family visa.
I work and have 2 children here with me in the UK.
My husband's visa expires in this July and is anticipated to be renewed.
He has been here 4 years and gets residency status this September.
I arrived here to live in the UK only 6 months ago, in July 2006 and my husband and I are not getting along. He has asked me for a divorce.

What am I up against? deportation? Do I have any rights here in the UK?
I have been feeling quite settled and have a very good job and my children have adjusted to the change of being here in the UK.

thanks in advance.

rg1
Member of Standing
Posts: 298
Joined: Tue Apr 11, 2006 4:08 pm

Post by rg1 » Mon Jan 08, 2007 5:27 pm

Are you sure he gets residency status in 4 years? Now the rule is 5 years.

I think you better consult a solicitor. I heard there is one rule that if you can prove that you are in distress and your hubby is abusing you, you may be granted persmission of stay.

Experts members can suggest better.

WoodieG
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Posts: 377
Joined: Fri May 19, 2006 10:40 pm

Post by WoodieG » Mon Jan 08, 2007 7:47 pm

Essentially you only have permission to be here on the basis of your marriage, once you stop being married you will need to find an alternative permission to be in the UK. So, you'll need a new reason for them to give you permission, e.g. a work permit.
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MEDICAL MARIJUANA STATES
Last edited by WoodieG on Tue Mar 08, 2011 4:49 pm, edited 1 time in total.

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Post by Jeff Albright » Mon Jan 08, 2007 8:59 pm

rg1 wrote: I heard there is one rule that if you can prove that you are in distress and your hubby is abusing you, you may be granted persmission of stay.
Unfortunately, there is no way out. The dependant's status is entirely dependant upon your husband circumstances.

The above advice would only be correct if your husband was a British Citizen or had settled status and the marriage broke down due to domestic violence towards you (sufficient proof will be required). Simply asking for divorce does not mean that at all.

You will either have to leave the UK or apply to remain in your own right. if you have qualifications needed in this country, you might succeed under professional categories. Alternatively, you might find another partner who you could fall in love with - you never know. But these are the only options, I am afraid.

sweetpea
Newly Registered
Posts: 2
Joined: Mon Jan 08, 2007 3:56 pm

Post by sweetpea » Tue Jan 09, 2007 8:30 am

Thanks for the replies.
It's as bad as I thought!

I am gainfully employed so I may be able to gain sponsorship or apply for HSMP visa.

Thank you again for your responses.

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