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Tier 1 (PSW) dependent visa after divorce

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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mintedblue
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Joined: Wed Jan 22, 2014 4:24 pm

Tier 1 (PSW) dependent visa after divorce

Post by mintedblue » Wed Jan 22, 2014 4:32 pm

Hi, I would much appreciate if you could help me find an answer to this important question:

I am on a Tier 1 (Post Study Work) visa that expires in a couple of months. I married my partner outside the UK and now we are getting divorced (again outside the UK). After divorce, does my visa automatically become invalid? Will I be having illegal stay after divorce?

Many thanks to anyone that can help

shaq1
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Posts: 198
Joined: Wed Jan 08, 2014 9:53 am

Re: Tier 1 (PSW) dependent visa after divorce

Post by shaq1 » Fri Jan 24, 2014 11:28 am

Condition of your visa is that you are dependent of Tier-1 (PSW) visa holder. So if you divorced with your spouse, you need to inform UKBA and in your remaining visa if you have more than 60 days (clarify it with some solicitor) it will be curtailed. Now you can be quiet and don't inform the UKBA but if your spouse informed them then you will curtailment letter anyway.

So just to be in the safe side inform UKBA and apply for any other visa category. I am not sure whether you can apply in country or whether you have to go back and apply from there.

mintedblue
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Re: Tier 1 (PSW) dependent visa after divorce

Post by mintedblue » Fri Jan 24, 2014 2:47 pm

Many thanks for replying.

I can keep quiet and I can tell my spouse to keep quite too, and I know he will agree to do so. Yet when it comes to applying for a new visa type, I should tick the "single" box under marital status. As I will be making the application before my dependent visa expires, that way I am actually notifying them that I am no longer dependent on my spouse. Would that not cause a problem?

Thank you again for helping me out on this,

Greenie
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Re: Tier 1 (PSW) dependent visa after divorce

Post by Greenie » Fri Jan 24, 2014 3:24 pm

what application do you intend on making?

When does your visa expire?

mintedblue
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Re: Tier 1 (PSW) dependent visa after divorce

Post by mintedblue » Fri Jan 24, 2014 6:04 pm

Thanks Greenie for offering help,

I have been a student for almost the whole duration of my holding a dependent visa, and I am assuming the Home Office can grant me a student visa for the remainder (about a year) of my studies to finish.

My current visa expires Aug 2014.

Greenie
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Joined: Thu Aug 21, 2008 8:45 pm

Re: Tier 1 (PSW) dependent visa after divorce

Post by Greenie » Fri Jan 24, 2014 7:52 pm

You wouldn't be able to switch from
PSW dependent to Tier 4 from within the Uk. You would have to do so from your home country. Do you know whether your educational institution is able/willing to issue you a CAS?

mintedblue
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Re: Tier 1 (PSW) dependent visa after divorce

Post by mintedblue » Sun Jan 26, 2014 7:54 pm

Thanks for letting me know I will have to exit the UK and apply for the student visa, although that means extra trouble.

I am not sure whether the university is able/willing to issue me a CAS, as I have always been on dependent visa and totally unfamiliar with the process. I am hoping some department in the university can give me an answer.

My huge worry is that as I am towards the very end of my studies, they will not provide me with an aid to get a visa.

shaq1
Member
Posts: 198
Joined: Wed Jan 08, 2014 9:53 am

Re: Tier 1 (PSW) dependent visa after divorce

Post by shaq1 » Mon Feb 03, 2014 3:06 pm

If you have less than six months to complete your course or you are doing your dissertation then University will not issue you a CAS. They would ask you to go back to your home country and submit your dissertation or final assignments from there, and if you have to sit for any exam they will ask you to come to UK with student visitor visa.

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