Switch from Spouse visa to unmarried partner flr (m)

Hi,

Might seem like a strange question, but here it goes;

I'm a non EU national and came to the UK on a spouse visa. One year on and my partner is just a nightmare. My renewal is in 2022.

a)Is it possible to live with a new partner and renew my extension under the unmarried partner route, given we would lived together for 2 year by the time renewal comes.
b)Would I still qualify for 5 year ILR route since my category would have changed?
c)Would I need to have divorced (what would that mean for my leave) or I can do this whilst still married.

CrisM wrote: ↑

Mon Apr 06, 2020 3:08 pm

Hi,

Might seem like a strange question, but here it goes;

I'm a non EU national and came to the UK on a spouse visa. One year on and my partner is just a nightmare. My renewal is in 2022.

a)Is it possible to live with a new partner and renew my extension under the unmarried partner route, given we would lived together for 2 year by the time renewal comes.
b)Would I still qualify for 5 year ILR route since my category would have changed?
c)Would I need to have divorced (what would that mean for my leave) or I can do this whilst still married.

A) Your sponsor will have to inform to UKVI regarding the breakdown of relationship which will result in curtailing your leave during which you will have to leave the UK.

B) Your clock will reset to zero again once you will be eligible and be able to secure the new leave.

C) Under Immigration eyes two marriages/relationships simultaneously aren't allowed.

Thanks a lot seagul, this helps a lot!

Just a follow up question, do you know how long I'd have to wait from when my leave is curtailed to be eligible and be able to secure the new leave?

I'm assuming your question is hypothetical as you are currently living with your husband and not in a relationship 'akin to marriage' with someone else.

1. As Seagul has advised, an application for an Unmarried Partner visa won't be considered until you are legally divorced from your husband and have lived with the partner for a minimum of 2 years.

2. As your current visa will be invalid once the relationship with your husband has broken down you will lose your right to remain as a spouse.

3. How will you qualify for an Unmarried Partner visa if you are living outside of the UK, when this requires the 2 year co-habitation period? This can only be applied for from your home country.

4. A divorce in the UK can take a considerable time, even more so when you appear to have been married for a relatively short time.

The HO are very likely to draw the conclusion that you married this person for a UK visa, since you have not managed to last more than a few months before the relationship broke down.

It would seem fairly obvious from your thread that you are looking for a way to be allowed to stay in the UK, but as said by other posts previously, your visa was secured on your relationship with your partner, and now you do not have that, you have lost your right to be in the UK. Perhaps making it work with him/ her would be your best bet.

@Casa and @THO Thank you for this insightful input. Really helps to understand the full picture make decisions based on facts that you have given me. Thank you!