Re: Spousal Visa Refresher

Hi Board:

Could someone clarify the following:

- Para 287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner;

I know a couple (HM Forces) where there has been an annulment of the marriage. My understading was that, the current leave would be invalid when the marriage is no longer subsisting. (The above refers to applying for ILR but not when changing status)

Can someone explain if the dependant has to leave the UK in order to re-marry? (this is what I think but I cannot find anything in the IDI's regarding this). I am bit rusty these days

Can you please point me to the right rules regarding change of status when the marriage has broken down?

Many thanks
Jes

AIUI, you cannot marry another individual while being given leave to enter / remain the UK as a spouse of different individual.

If your relationship with your partner breaks down

regards

sushdmehta wrote:AIUI, you cannot marry another individual while being given leave to enter / remain the UK as a spouse of different individual.

If your relationship with your partner breaks down

regards

I have seen the above posting on the UKBA website but it is not really clear. Would the no switching rule apply if the person wants to switch into another category then?

Thanks

Why not?

Breakdown in relationship has no influence on whether one can switch to another category or not.

If the immigration category that one intends to change to does not allow people on "spouse/partner/dependent leave to enter/remain" to switch, then one has to apply for EC from outside the UK to change to the intended immigration category.

regards