Urgent assistance required for a friend

Hi admins!
I am using this platform for the very time and I don't know if i am posting in right group kindly guide me if i am using right platform for my queries.

So my friend got married to a uk national in 2019 but now they have decided to part ways. She's on her second extension and if she divorces now what are her other options to stay in the UK?

Does she have children with her spouse?

She would have to find a visa that she qualifies for.

She cannot get ILR if her marriage fails.

Thank you so much for your kind reply.
No she doesn't have any children.
Because she was lied into this marriage unfortunately her husband is medically unfit and he is disabled also which she came to k ow about after their marriage and they tried to workout but it's enough for her now.
Her family is in Canada and she can't go back to her hometown as she has no family there.
Kindly guide in this regard

She either has to leave the uk and returned to her home country once divorced or find another visa category she qualifies for.

Yes that we can understand. But also How can we find out what other visa categories she can qualify for?

Limited visa options.

Skilled worker, for which she needs a sponsoring employer.

Student visa if she can get a pacelemebt and uni to sponsor her.

Depending on how old she is, as a Canadian, she could qualify for the youth mobility visa,which is a two year visa. She cannot be older than 30 for this visa.

If she switches to a study visa will she be eligible for ilr after that. As she's been in UK for 3 and half years already.

Normal wrote: ↑

Sat Mar 18, 2023 8:41 pm

If she switches to a study visa will she be eligible for ilr after that. As she's been in UK for 3 and half years already.

No. She cannot Combine different visa categories to make up 5 years for ILR.

Any other 5 year ILR qualifying visa route she switches to resets her ILR clock to zero.

Student visa do not qualify for ILR based on 5 years residence. They only count for 10 years long residence ILR. All visa categories count for long residence ILR. The same applies to the youth mobility visa.

If her work sponsors her will the ilr set back to zero as well then?

We have heard that there have been some cases in which uk gov has given ilr to some people who have same scenario case and they got their ILR without completing 5 years due to their circumstances.
Could it be?

If her work sponsors her will the ilr set back to zero as well then?

Yes. Note that only a ukvi license employer can sponsor a skilled worker visa. What work does she do?

We have heard that there have been some cases in which uk gov has given ilr to some people who have same scenario case and they got their ILR without completing 5 years due to their circumstances.
Could it be?

Unfortunately not based on what you have stated. Simply not ensuring she is fully informed before marriage and then getting divorced doesn't mean she will get ILR. Only genuine domestic violence could possibly lead to ILR if there was extensive evidence to support the claim.

She recently switched her job and before she was a permanent employee for nationwide bank and now she got a job with gatehouse bank she's on 3 month probation period and after that she will be permanent.

Yeah that makes sense that she needs evidence of domestic violence....... but she wants it over as soon as possible and she doesn't want to jump to a lawyer that's why we are gathering as much information as possible

What is her job title is what I am asking?

Once the relationship breaks down, ukvi need to be informed and her visa will be curtailed to a 60 days validity to allow her to either switch to a visa category she qualifies for or wind her affairs up and leave the uk. The curtrialment letter could take a couple of months to get sent out.

I'm not entirely sure about her specific job title i will ask her.
And another thing if she gets married to a person who is on their post study work visa can this work out for her? Can she be sponsored by that person who himself is on their PSW and will she get ILR after 1 and half year then?

It's a very tough situation for her right now as going back is not an option because she has no one to go back to.

And another thing if she gets married to a person who is on their post study work visa can this work out for her?

Not in terms of a visa no.

Can she be sponsored by that person who himself is on their PSW and will she get ILR after 1 and half year then?

No she cannot. A graduate route dependent only qualifies if they were in the uk as a student dependent and switched with the main graduate route visa applicant. This vi's also does it lead to ILR based on 5 years. And again, she cannot combine different visa categories to apply for ILR based on 5 years residence. You keep bringing this up and it appears that her coming to the uk was only to gain ILR by any means possible.

It's a very tough situation for her right now as going back is not an option because she has no one to go back to.

That is not ukvi's problem and is irrelevant. She is a national of another country and if she cannot stay in the uk on a visa she qualifies for, she has to leave and go back.

No she didn't came to UK entirely for getting ILR. She would have not been giving up on her marriage if she wanted ILR only while she only has like 1 and half year to get ILR.
The main reason she needs to stay now in UK is that after she came to UK her mother and father moved to Canada with her brother and she has no family at all to go back to her hometown.