Separation during spousal visa process

As a British national I have been sponsoring my wife's spousal visa since November 2015. All is in order with the paperwork, however 5 months ago we began living at different addresses as a result of a mutually agreed separation.

Am I correct in understanding that we are each obliged to inform the Home Office of our separation in this case, regardless of our current long range intentions with respect to our marriage?

If so, am I correct in understanding that the Home Office will then be obliged by law to revoke my wife's spousal visa and require her to either apply for a different visa or to leave the country?

If so, am I correct in understanding that her visa revocation may take some months to become initiated following the Home Office's receipt of our formal notice of separation?

If it seems impossible of reconciling both of your differences then you should notify to HO who will curtail her visa. But there is no timeline as when will they do that but usually they are pretty quick over this matter but you won't be notified except her only.

Thanks Seagull - my understanding is that we each have a legal obligation to report our separation, period. This seems harsh but that 's the research I get. It seems there's no room for people to take a breather from each other without nullifying the spousal visa. So, I'm curious as to what our legal obligations are here, regardless of how our separation may progress.

As suggested already, it depends on if you intend to reconcile.

If you intend to reconcile, why would you create an issue for both of yourselves and inform the Home Office? You can then expect an interrogation on any future application once have reconciled.

If you both believe it’s the end of the relationship then it’s realistic to inform Home Office and they shall act accordingly.

Depending on your spouses ties to the UK and her country, she may have an argument to stay here but that’s a matter between those two parties and not yourself.

Of course if you proceed with future FLR application, you’ll both need to evidence residing at the same property which may become difficult.

The way I read the Home Office requirements there is no consideration given to intention to reconcile. It appears to me that the regulations require the parties to report their separation regardless of any other condition. My questions here are therefore self-preservatory: I am seeking to avoid falling foul of the hostile environment of the current Home Office's enforcement policies.

seagul wrote: ↑

Tue Apr 23, 2019 8:24 pm

https://www.gov.uk/visas-when-you-separate-or-divorce

The text at this link reads: You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship.

It is this text which has prompted my enquiry here. As I said earlier, it seems harsh that it is mandatory to report separation in these circumstances, however The Home Office has a policy of being hostile.

I have read on a London immigration lawyers' website that we must report separation. However, when I called them the answer I got was ambiguous, as though they could not definitively say.

So, can anyone tell me whether it is mandatory or voluntary to inform The HO re separation in such cases?

EB108 wrote: ↑

Fri Apr 26, 2019 9:19 am

seagul wrote: ↑

Tue Apr 23, 2019 8:24 pm

https://www.gov.uk/visas-when-you-separate-or-divorce

The text at this link reads: You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship.

It is this text which has prompted my enquiry here. As I said earlier, it seems harsh that it is mandatory to report separation in these circumstances, however The Home Office has a policy of being hostile.

I have read on a London immigration lawyers' website that we must report separation. However, when I called them the answer I got was ambiguous, as though they could not definitively say.

So, can anyone tell me whether it is mandatory or voluntary to inform The HO re separation in such cases?

You have already been provided the answer. If you think there is possibility of reconciliation in near future then don't report.

The letter of the law is it mandatory to report separation. It is not perhaps or maybe in the future there is chance of reconciliation.

Wither you decide to adhear to the requirement is your decision. It is unlikely the HO will become aware of the separation until such time as there is a visa extension or there is negative contact with a government body or agency. Examples include say a speeding fine and the address on her licence is not that noted to the HO.

In the end I found the process includes signing a form in order to report the separation. That form obliges the signee to declare the relationship over.