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Applying for a parent visa while in the process of negotiating divorce

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Renny5979
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Taiwan

Applying for a parent visa while in the process of negotiating divorce

Post by Renny5979 » Wed Oct 28, 2020 11:47 pm

Apologies if this has already been asked before - I'm currently on spouse visa - I'm the sole breadwinner and supported my british husband and our daughter in the past 3 years. My husband has recently filed for a divorce, I understand that I need to notify the home office as soon as possible however I have seen that someone mentioned a 60 day time frame to either leave or to apply for new visa.

Now my husband has demanded that I pay 95% of salary to him for his living expenses and has asked me to move out of the family home, he demanded that I can only have my daughter one night a week and have to pay for her private school fees (which he promised previously that he will help out as I can't afford on my part-time salary). If I am to agree to pay his maintenance and both of our legal fees, I might not be able to fulfil the financial requirement for parent visa - Is is possible to delay the application of the parent visa until me and my husband reached an agreement through solicitors? If so, when should I notify the HO about the breakdown of the relationship?

Many thanks for reading this and thanks in advance for any advice and suggestions.

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seagul
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Re: Applying for a parent visa while in the process of negotiating divorce

Post by seagul » Thu Oct 29, 2020 1:44 pm

Renny5979 wrote:
Wed Oct 28, 2020 11:47 pm
If I am to agree to pay his maintenance and both of our legal fees, I might not be able to fulfil the financial requirement for parent visa -
If you are referring to meet the financial threshold, then be known that outgoings aren't mattered where if someone is working. Regarding your remaining situation you should definitely see a good expert in family matters before agreeing on anything because of the devil in detail situation in future.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

THO
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Re: Applying for a parent visa while in the process of negotiating divorce

Post by THO » Thu Oct 29, 2020 2:47 pm

He can't do that in the UK, he has no right to demand 95% of your salary or stop you from seeing your daughter. You are the mother and have more rights than him, especially if your child is young.

How would he expect you to survive on 5% of what can't be a huge amount if you earn part time?

Do you rent the place, because if you do, just go find another one (behind his back), leave and let him pay his own way, lazy sexist pig. If the mortgage is in his name, do the same leave and if not and you are the mortgage payer, kick him out.

Legal fees can be huge, so don't agree to that either. What kind of a man is happy to stay at home and make his wife go to work.

Renny5979
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Joined: Wed Oct 28, 2020 11:35 pm
Taiwan

Re: Applying for a parent visa while in the process of negotiating divorce

Post by Renny5979 » Thu Oct 29, 2020 7:07 pm

seagul wrote:
Thu Oct 29, 2020 1:44 pm
Renny5979 wrote:
Wed Oct 28, 2020 11:47 pm
If I am to agree to pay his maintenance and both of our legal fees, I might not be able to fulfil the financial requirement for parent visa -
If you are referring to meet the financial threshold, then be known that outgoings aren't mattered where if someone is working. Regarding your remaining situation you should definitely see a good expert in family matters before agreeing on anything because of the devil in detail situation in future.
Thanks Seagul, I appreciate your advice.

Renny5979
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Posts: 5
Joined: Wed Oct 28, 2020 11:35 pm
Taiwan

Re: Applying for a parent visa while in the process of negotiating divorce

Post by Renny5979 » Thu Oct 29, 2020 7:08 pm

THO wrote:
Thu Oct 29, 2020 2:47 pm
He can't do that in the UK, he has no right to demand 95% of your salary or stop you from seeing your daughter. You are the mother and have more rights than him, especially if your child is young.

How would he expect you to survive on 5% of what can't be a huge amount if you earn part time?

Do you rent the place, because if you do, just go find another one (behind his back), leave and let him pay his own way, lazy sexist pig. If the mortgage is in his name, do the same leave and if not and you are the mortgage payer, kick him out.

Legal fees can be huge, so don't agree to that either. What kind of a man is happy to stay at home and make his wife go to work.

Thanks THO, I feel utterly used and hurt by his demands, I appreciate your comment and advice.

sam550
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Re: Applying for a parent visa while in the process of negotiating divorce

Post by sam550 » Fri Oct 30, 2020 12:18 am

There is no way he can claim 95% of your salary, this is indeed a civilised world and that utterly ridiculous human being should grow a pair and start taking some slack, please don’t feel any sympathy for that toe-rag.

Should see a good lawyer or a charity firm who helps with women in needs.

Good luck

THO
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Joined: Sat Feb 17, 2018 12:12 am
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Re: Applying for a parent visa while in the process of negotiating divorce

Post by THO » Fri Oct 30, 2020 9:03 am

Renny,

I do appreciate it is always easier to give advice, but not always as easy to take. But in this case, please do not let yourself be the doormat. Protect yourself and kids.

Does this man bully you mentally or physically?

Have you thought about returning to Taiwan with the kids? Why stay here, Taiwan is a nice safe country.

What is your situation at the moment, do you still live with him and do you rent?

Renny5979
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Re: Applying for a parent visa while in the process of negotiating divorce

Post by Renny5979 » Thu Nov 05, 2020 9:47 am

sam550 wrote:
Fri Oct 30, 2020 12:18 am
There is no way he can claim 95% of your salary, this is indeed a civilised world and that utterly ridiculous human being should grow a pair and start taking some slack, please don’t feel any sympathy for that toe-rag.

Should see a good lawyer or a charity firm who helps with women in needs.

Good luck
Thank you Sam, appreciate your support.

Renny5979
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Posts: 5
Joined: Wed Oct 28, 2020 11:35 pm
Taiwan

Re: Applying for a parent visa while in the process of negotiating divorce

Post by Renny5979 » Thu Nov 05, 2020 9:49 am

THO wrote:
Fri Oct 30, 2020 9:03 am
Renny,

I do appreciate it is always easier to give advice, but not always as easy to take. But in this case, please do not let yourself be the doormat. Protect yourself and kids.

Does this man bully you mentally or physically?

Have you thought about returning to Taiwan with the kids? Why stay here, Taiwan is a nice safe country.

What is your situation at the moment, do you still live with him and do you rent?
Hi THO,

We are still living together in a rented accommodation, I feel that he bullies me mentally however it's difficult to prove. I have thought about returning to Taiwan however it's very unlikely that the court will grant this. I appreciate your support. Thank you.

THO
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Posts: 533
Joined: Sat Feb 17, 2018 12:12 am
Vietnam

Re: Applying for a parent visa while in the process of negotiating divorce

Post by THO » Thu Nov 05, 2020 11:41 am

I can only advise you to leave him but don't pay any of his expenses, open a new bank account and have your money go into that.

He has asked you to leave the family home, so find a new place, and then leave and take your child with you. He would need to take it to court to get access to him/her and that will take money and time, and since he has no money, it will be hard for him to do so. And I am 100% certain you would win custody and he would get some time each week and not the other way around.

You are in the driving seat, not him.

Do you have a passport for the child?

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