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Souse VISA after Divorce and child death

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Malik111
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Souse VISA after Divorce and child death

Post by Malik111 » Tue Jun 11, 2019 4:10 pm

I came to London in May 2017, I actually joined my family which was here since 2016. Both my wife and Son was british nationals. My son was having a rare disease which took him to heaven last year June 2018. My wife actually having a habit of bossing around and now days she is threatening me that she will not be extending my VISA which is due in December. I actually visit my Son's grave every Sunday , I am really going through a very depressing time at the moment. The last source to feel this connection is only visiting my child grave. I am working in a well reputed firm and earning 35000 per year. Employer does not hold any Tier 2 license. Could anyone please advise what can I do to. Please help.

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Re: Souse VISA after Divorce and child death

Post by Obie » Tue Jun 11, 2019 9:18 pm

Who are you divorced from?
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Frontier Mole
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Re: Souse VISA after Divorce and child death

Post by Frontier Mole » Tue Jun 11, 2019 10:15 pm

He is not divorced - it appears his wife wants to, but is threatening him with not supporting his visa extension/ ILR in December

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Re: Souse VISA after Divorce and child death

Post by Malik111 » Fri Jun 21, 2019 11:42 am

Obie wrote:
Tue Jun 11, 2019 9:18 pm
Who are you divorced from?
My wife is a British national, She keeps on threatening me of not extending my visa. Knowing the fact that i will bear all the fees expenses- I am a working professional and earning 35k per year in London. is there anyway i can apply on compassionate ground as my SOn grave is here in London and I visit every Sunday.

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Re: Souse VISA after Divorce and child death

Post by seagul » Fri Jun 21, 2019 1:49 pm

Other than finding another tier 2 licence holder sponsor or tier 4 visa or reconcile with your sponsor I don't think is there any basis to stay.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse VISA after Divorce and child death

Post by Malik111 » Sun Jun 30, 2019 11:47 pm

Can someone advise on thia
Please

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Re: Souse VISA after Divorce and child death

Post by Casa » Mon Jul 01, 2019 8:38 am

seagul wrote:
Fri Jun 21, 2019 1:49 pm
Other than finding another tier 2 licence holder sponsor or tier 4 visa or reconcile with your sponsor I don't think is there any basis to stay.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Souse VISA after Divorce and child death

Post by Malik111 » Mon Jul 01, 2019 10:57 am

Cant i get anything on compassionate grounds as my sons Grave is here in London

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Re: Souse VISA after Divorce and child death

Post by CR001 » Mon Jul 01, 2019 10:59 am

Malik111 wrote:
Mon Jul 01, 2019 10:57 am
Cant i get anything on compassionate grounds as my sons Grave is here in London
There is no such visa unfortunately as far as I am aware.
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Re: Souse VISA after Divorce and child death

Post by Frontier Mole » Tue Jul 02, 2019 5:09 am

I suggest you follow Seagulls advice and find a Tier 2 sponsor willing to offer you a role as it is the simplest way of remaining in the UK under your circumstances.

The only other route would be to apply under family life in the UK but unless you have real roots outside of your failing marriage then that will be difficult. Your son’s grave is not a reason you can rely on and will not be taken into consideration.

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Re: Souse VISA after Divorce and child death

Post by Malik111 » Tue Jul 30, 2019 2:06 pm

Hi,

Can i switch from Spouse visa for Tier 2 visa within UK, in case my employer ready to sponsor. My earnings are also more then threshold.

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Re: Souse VISA after Divorce and child death

Post by CR001 » Tue Jul 30, 2019 2:08 pm

Malik111 wrote:
Tue Jul 30, 2019 2:06 pm
Hi,

Can i switch from Spouse visa for Tier 2 visa within UK, in case my employer ready to sponsor. My earnings are also more then threshold.
No you cannot. You have to apply for Tier 2 from home country with a Restricted CoS and the full and proper RLMT has been done to prove you have not been 'pre-selected'.

Not sure what 'threshold' you are referring to as there are different salaries for different SOCs.
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Malik111
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Re: Souse VISA after Divorce and child death

Post by Malik111 » Tue Jul 30, 2019 4:08 pm

my earning is 35k per annum. I am already working and my employer is willing to provide me visa. In this situation what can be done.

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Re: Souse VISA after Divorce and child death

Post by CR001 » Tue Jul 30, 2019 5:51 pm

my earning is 35k per annum.
As I said, different jobs and SOCs have different salary requirements, some much higher than what you are earning. So without the job title/SOC detail, no one can comment on IF you would meet the requirements for a Tier 2 General visa.
I am already working and my employer is willing to provide me visa. In this situation what can be done.
Your employer would have to do RLMT to prove there is no British or EU citizen or settled person for the job, i.e. prove you are not 'pre-selected', so always a bit more difficult when you are already working for an employer. Is your employer an HO approved Tier 2 sponsor with a sponsor licence?
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Re: Souse VISA after Divorce and child death

Post by Malik111 » Tue Aug 06, 2019 1:57 pm

Yes they are

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Re: Souse VISA after Divorce and child death

Post by seagul » Tue Aug 06, 2019 4:22 pm

In your first post you said that your employer hasn't got tier 2 licence.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Souse VISA after Divorce and child death

Post by Zerubbabel » Tue Aug 06, 2019 4:30 pm

Your employer would have to do RLMT to prove there is no British or EU citizen or settled person for the job, i.e. prove you are not 'pre-selected', so always a bit more difficult when you are already working for an employer
@CR0001 doest this condition still apply to him considering he is already in the position but changing route?


@OP: despite the poor relationship you are having, are you still living with your wife at the moment? Are you going to separate soon or is it question of divorce or something around these lines?

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Re: Souse VISA after Divorce and child death

Post by CR001 » Tue Aug 06, 2019 4:43 pm

Zerubbabel wrote:
Tue Aug 06, 2019 4:30 pm
Your employer would have to do RLMT to prove there is no British or EU citizen or settled person for the job, i.e. prove you are not 'pre-selected', so always a bit more difficult when you are already working for an employer
@CR0001 doest this condition still apply to him considering he is already in the position but changing route?
Yes, 100% and RLMT will be scrutinised to prove the op has not been pre-selected to get a RCoS and tier 2 general visa. All new tier 2 general visa have to be applied for outside the UK. He cannot switch within the UK.
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Re: Souse VISA after Divorce and child death

Post by Malik111 » Wed Aug 14, 2019 4:29 pm

Means I have to exit the country and then my employer have to go though this employment procedure? or they just issue me permission to apply for Tier 2 Visa? and what is RLMT? is this necessary. One more thing this job is not skill base, my Masters degree is equals to UK bachelors as per NARIC.

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Re: Souse VISA after Divorce and child death

Post by CR001 » Wed Aug 14, 2019 6:24 pm

Malik111 wrote:
Wed Aug 14, 2019 4:29 pm
Means I have to exit the country and then my employer have to go though this employment procedure? or they just issue me permission to apply for Tier 2 Visa? and what is RLMT? is this necessary. One more thing this job is not skill base, my Masters degree is equals to UK bachelors as per NARIC.
Yes you have to leave the UK and your employer would have to do the whole process before they can sponsor you in a tier 2. They also need to hold a sponsor licence. You cannot switch to tier 2 within the UK in your current visa.

RLMT is the resident labour market test to prove to ho that no British, EU or settled person is available for the job.
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Re: Souse VISA after Divorce and child death

Post by Malik111 » Wed Aug 14, 2019 7:03 pm

Isn't a complete non-sense. is there any human rights door in this process, means there is no way I can pursue my career in UK. I have left everything in Dubai and joined my family just to be with my terminally ill child who had a life-threatening disease. He passed away last year June and now my own wife (so-called citizen of UK) threatening me for cancelling visa at the verge of my extension. Bearing all house expenses, giving her pocket money, She is happily pursuing her University and some 20-hour job every month. Where shall I go? seems like I am standing on a dead end.

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Re: Souse VISA after Divorce and child death

Post by Malik111 » Thu Aug 15, 2019 11:20 am

Isn't a complete non-sense. is there any human rights door in this process, means there is no way I can pursue my career in UK. I have left everything in Dubai and joined my family just to be with my terminally ill child who had a life-threatening disease. He passed away last year June and now my own wife (so-called citizen of UK) threatening me for cancelling visa at the verge of my extension. Bearing all house expenses, giving her pocket money, She is happily pursuing her University and some 20-hour job every month. Where shall I go? seems like I am standing on a dead end.

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Re: Souse VISA after Divorce and child death

Post by CR001 » Thu Aug 15, 2019 11:21 am

No human rights really.

Unless you find a visa that you qualify for, like the tier 2 general or the Innovator or Start Up visa, your options are limited.
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Re: Souse VISA after Divorce and child death

Post by Zerubbabel » Thu Aug 15, 2019 12:05 pm

Malik111 wrote:
Thu Aug 15, 2019 11:20 am
Isn't a complete non-sense. is there any human rights door in this process, means there is no way I can pursue my career in UK. I have left everything in Dubai and joined my family just to be with my terminally ill child who had a life-threatening disease. He passed away last year June and now my own wife (so-called citizen of UK) threatening me for cancelling visa at the verge of my extension. Bearing all house expenses, giving her pocket money, She is happily pursuing her University and some 20-hour job every month. Where shall I go? seems like I am standing on a dead end.
Hello

I am sorry about your loss and I sympathize with you.

When it comes to immigration, the Home Office works within rules and guidelines that are well defined and relatively strict in their application.

A human right consideration would've been applicable in case you have a child who is ill and you are his sole carer. So he absolutely needs your constant care and assistance.

You had difficult time in the past indeed and I am sure that some of it won't settle for a while.

However, in the light of your current situation, there ins't a strong human rights case. You can't tell them it's better for you to be in the UK then elsewhere. That's not enough.

Unless you have a permanent residence, other cards are usually conditional to something:

- Study
- Work
- Family member

If the underlying condition ceased to be satisfied, the card is not longer valid.

You then have either to leave the UK or stay under another route applicable to you.

You wife is a UK citizen. She would have issues to stay in other countries, but not in the UK where she work, study or not.

Visas, residence cards... are not granted and cancelled by your wife but by the Home Office. For the moment I understand you are married (not happily married by married), you are still living together, aren't you? When is your card due to expire. Your card is based on the existence of your marriage not its quality. If your card is due to expire go ahead and apply for renewal. You don't have to tell your wife. The applicant is you, not her.

Good luck!

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Re: Souse VISA after Divorce and child death

Post by Casa » Thu Aug 15, 2019 12:25 pm

Zerubbabel wrote:
Thu Aug 15, 2019 12:05 pm
Your card is based on the existence of your marriage not its quality. If your card is due to expire go ahead and apply for renewal. You don't have to tell your wife. The applicant is you, not her.
In order to apply for an extension or ILR, the spouse MUST give their written support of the application, including a copy of their passport. :idea:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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