Spousal Visa following separation

[makeawish]

My British husband and I were married in 2010. I am Canadian. We separated in early 2014 and I returned to Canada. At the time I had only Limited Leave to Remain. In fact, my application for Further Leave was with Home Office. Circumstances made it necessary for me to request my passport back which meant that my application was discarded.

We are now hoping to reconcile. I am planning to apply for a Spousal Visa but would like to know the likelihood of it being approved. Does anyone have some insight on a situation such as this please?

Another concern:

My husband is 79 years old. I am 70. He has suffered a stroke and is wheelchair-bound. His life-expectancy is probably 2-3 more years at best. So I have to look at our situation over the next few years. My husband lives in a council bungalow and he pays no rent nor council tax.

If he dies, which is likely, before I can apply for Indefinite Leave, it is my understanding that I can apply for Indefinite Leave as a Bereaved Partner. But, what if he goes into permanent care? Will I be able to stay in the bungalow or even in the country if my husband goes into permanent care?

I'm sure I have further questions but these are most pressing.

Thanks kindly for your help

[CR001]

I am so sorry to hear your difficult circumstances. I am aware of the process for a spouse visa (which shouldn't be a problem for you to get) but in your situation, I think the best moderators on the forum to advise you would be Amber or Vinny.

Hopefully one of them can get back to you soon with the best advice.

Good luck and I hope everything works out for you.

[makeawish]

Thank you CR001 for your encouraging response. Hopefully, Amber or Vinny will see this post and be able to help.

[Casa]

Does your husband receive disability benefits or carers allowance?

[makeawish]

He receives Attendance Allowance.

[Obie]

Under E-ECP 3.3 (a) (iV), Your husband being in receipt of of Attendance Allowance, exempts your from the financial requirement..

Provided you are able to show that after his Housing and council flat bills are paid, you have £113.70 left for your expenses. Provided of course there is no children under 18 that you are caring for.

[makeawish]

Thank you Obie. I have looked into the financial aspect and understand that we do not have to meet the financial requirement. My concern is for my future if my husband goes into permanent care, particularly with regard to housing. It is my understanding that on a Spousal Visa....a Family Settlement Visa, VAF4A, I believe.....I would have no access to public funds until I apply for Indefinite Leave in 6 years. On my pensions, I can afford only to rent a room. I cannot afford to live in the bungalow paying full rent and council tax. So I believe I would have to move into a rented room if my husband goes into care as he would lose the bungalow. My concern is this: As we would no longer be living together (a requirement of the visa), will I be able to stay in the country?

[Obie]

You will qualify under E-BPILR for ILR if your husband died during your qualifying period, provided you meet the suitability requirement, and you were in a genuine and subsisting relationship before he died.

Hopefully he will be alive until your qualify, but in the event of unforeseen circumstances or situation, you will be fine.

[makeawish]

Thank you Obie.

Can I assume that if he were to go into permanent care, I would be able to stay in the UK as I would still meet the requirement below?

E-BPILR.1.4. At the time of the partner's death the relationship between the applicant and the
partner must have been genuine and subsisting and each of the parties must have intended to
live permanently with the other in the UK.


Our intention would be to remain together but circumstances...his declining health and possible need for a care home....may make that impossible. I am very concerned about this very real possible interval (permanent care) between our living together and his death. Would that nullify my visa?

Is there any way to get a definitive answer with regard to that scenario?

This is of great concern because I have the option of applying for a UK Ancestry Visa. There are more advantages to the Spousal Visa unless it is voided if my husband goes into care as an Ancestry Visa is not dependent on my husband. I don't want to go into questions about an Ancestry Visa at this time. I am only interested in that option if there is a real possibility of my not being able to stay in the UK if my husband goes into permanent care.

It would seem that the clause I inserted above regarding 'intention' would keep me safe but I worry.

I am about to embark on a very difficult life once again. It is an extremely demanding affair, caring for a very large man with left-side paralysis, a man who is demanding, controlling and manipulative.

I made England my home when I moved to the UK in 2009 and married in 2010. England is where my heart is and I am now an alien in Canada. I made a commitment to this marriage even though it has turned out badly for me.

To be quite frank, I will care for my husband and I will do it well, not because I have feelings for him but because it is my duty. That's as genuine as the relationship will ever be.

What I want at the end of it is to have a home in England. This is the reason for my concern about being able to stay in England on a Spousal Visa if he is in care. I want to stay in England and, if possible, to stay in the home. An Ancestry Visa will keep me in the country but a Spousal Visa may keep me in the home.

Can you put my mind at ease with regard to my question about his going into care?

Thanks so much

[Obie]

I think you will be just fine.

I am sure they will not expect for you to bear the brunt of the care needs for your husband.

In the circumstances of your case, i beleive you will be covered by E-BPILR.

[makeawish]

Yes, there is help with his care. The heavy lifting, dressing and washing is cared for, which I appreciate so much.

Your help is very much appreciated and gives me encouragement to begin the application process. I need another month or two to pad my bank account as I just learned about the added £600 health surcharge.

Thank you again, Obie

[makeawish]

Another question please:

My marriage has already broken down in the past, hence the situation I find myself in now. My husband can be cruelly and relentlessly verbally abusive. I feel that I am strong enough to withstand his 'attacks' now but can't be certain so I may be forced to leave him again. If this happens while I am in the UK on a Family Settlement (Spousal) Visa, I understand that my visa will be invalidated, that I will no longer have leave to remain.

I understand that I cannot switch to a UK Ancestry Visa from within the UK but would have to return to Canada to do this. I have a small online business that I will have transferred to the UK so will have my pensions and a small income. I will have all the necessary proof of UK Ancestry as well.

One might wonder why I don't just come over by the Ancestry Route in the first place. The only reason I am considering the Spousal route is a selfish one. I want to be able to remain after my husband's death in the council bungalow that I have already painted and decorated and the back garden that I have already built and filled with fruit trees and bird houses and which I have come to love and miss terribly. Only as a Bereaved Partner will this be possible. And to get ILR as a Bereaved Partner, I must be with my husband and have come to the UK as a spouse.

So my question is this: Have I missed anything? Does this appear to be a viable solution in case I need to change to this route in order to remain in/return to the UK?

Thank you for any assurances you may have. Just trying to 'get all my ducks in a row' before I make a final decision.

[makeawish]

I hope it's okay that I bump this post up a bit. Feeling a bit anxious as what is the best way to proceed. Hope someone can give me some assurances.

Thanks kindly