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Post separation visa status for ILR dependant
Posted: Sat Oct 22, 2016 3:25 pm
by MCorleone
hi,
Me and my partner are going through very bad time and we are heading towards separation. I had my ILR granted first and then my wife was granted residence permit as ILR dependent till middle of 2018.
My question is if we split up am I required to inform HO about this separation/divorce? If I do is she going to loose her residence permit? We are still in good terms so just trying to figure out the best possible solution.
Many thanks in advance.
Re: Post separation visa status for ILR dependant
Posted: Sat Oct 22, 2016 4:32 pm
by Casa
I assume you mean that your wife holds a spouse visa, not a residence permit.
Yes, if you separate and your marriage is no longer subsisting you are required to notify the Home Office on the form in this link:
https://www.gov.uk/government/publicati ... nsent-form
Unless your wife qualifies for a points based category of visa (work or study) she will no longer have the right to reside in the UK. I'm assuming you have no children together.
Re: Post separation visa status for ILR dependant
Posted: Thu Oct 27, 2016 8:33 am
by MCorleone
Casa,
Thanks.
Her current visa status (Type of permit) is 'Spouse/Partner Leave to Remain'.
Re: Post separation visa status for ILR dependant
Posted: Thu Oct 27, 2016 9:48 am
by CR001
If you separate and divorce, she will lose her right to stay in the UK on her current visa. She will either have to leave or find another route that she qualifies for.
You are obliged to inform HO of the breakdown of your relationship, as casa has advised and provided the link for. HO will then likely curtail her visa.
Re: Post separation visa status for ILR dependant
Posted: Thu Oct 27, 2016 9:49 am
by Casa
MCorleone wrote:Casa,
Thanks.
Her current visa status (Type of permit) is 'Spouse/Partner Leave to Remain'.
Comments in my previous post stand. Your wife currently has a spouse visa. If you intend to separate it would be prudent for her to look into what other category of visa she may qualify for. Although this may require an application from outside of the UK.
Edit: Beaten by CR001