Further Leave to Remain after first two years

[tingy15]

Hi,

I am due to renew my visa in a few months but my partner is in jail. Any idea what I can do?

[Amber]

What leave do you currently have?

[tingy15]

Hi,

Thanks for responding, I am on the initial 2 and half years on the 10 year route.

[Amber]

On what basis were you granted leave? Partner of a British citizen/equivalent or parent of British citizen/equivalent.

[tingy15]

Yes as a partner of a British citizen

[Obie]

Do you have a child with this person?

Surely you must have shown them that either there is an insurmountable obstacle to him relocating with you to your home state, or that you have a British child or a child who has been residing in the UK for a period of 7 years , and it is unreasonable to expect him or her to leave the UK.

It is hard to see how you would have acquired leave under the 10 years route without showing that EX1 applies.

Now, do you have a child with this person.

Yes it is clear that you could only have applied as a spouse. However , is there a child.

[tingy15]

Hi Oble,

So this 10 year route is the new one they introduced for being a spouse of a British citizen or equivalent. We have only being married over 2 years now and after the initial 2 and half years, you renew for another two and half years before you can apply for indefinite leave to remain.

So I'm at the renewal stage but my partner is now in jail for the next 6 months and I don't know if this will affect my ability to renew my stay.

[Casa]

That's not a 10 year route. It's the standard 5 year route!

[tingy15]

What can I do then with my spouse inside?

[Amber]

Is your spouse British? What is he in prison for?

Do you visit him often? Can you meet the financial requirement?

[Obie]

Well I think there is an ECHR ruling that family life exist between a serving prisoner and his or her family members.

I believe you can overcome the subsisting relationship requirement if you can demonstrate a continued relationship during his time in prison.

It will be good if the financial requirement is met, however if it is not met, you may be able to argue that his prison sentence means there is an insurmountable obstacle to family life being reestablished in your home country.

[tingy15]

Hi Amber/Oble,

He is a British and has only been inside this July and I'm supposed to renew in September. I have been working and meet the financial requirement by myself.

The trouble is do I have to mention that in the application or not? We don't have a child yet, will this impede anything?

[Amber]

Apply by post.

Meet the financial requirement. I assume you still have post coming to your address in his name. That may be required to show cohabitation over the last 2 years. When you next visit him get him to sign the application. Keep evidence of you visiting him in prison (prison visitor log record, if you can get something from the prison to say when you have visited, a letter).