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Married to UK Man but he won't support Visa Extension

General UK immigration & work permits; don't post job search or family related topics!

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worries26
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Married to UK Man but he won't support Visa Extension

Post by worries26 » Sun Aug 09, 2015 3:13 pm

Hi, I hope you can help me. I am an american woman who came to the UK on a fiance visa back in April 2013. We got married in time and i recieved my permit to work and the marriage was real, I was certainly in love with him anyway! However, 3 months after getting married my husband decided he wanted time away from me and since November 2013 we have been living seperate lives. In May 2016 I believe I have to re-apply for the next stage of my visa. My husband is, I believe, reluctant to go through the process again, even though I am desperate to stay in the UK as there is nothing in the USA for me, no family and no friends. He also keeps asking for a post-nup as we did not sign a pre-nup.

Can anyone tell me is there any way I can remian in the UK if he refuses to go through with the next visa application? or

If I sign the post-nup and he divorces me, how lond can I stay in the UK?

If the govt discover we have not been living as man and wife, what are they likely to do?

Any help is greatly appreciated, thank you. I am so stresssed baout this.

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Casa
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Re: Married to UK Man but he won't support Visa Extension

Post by Casa » Sun Aug 09, 2015 3:26 pm

Technically your current visa became invalid when you and your husband separated. As the situation stands, your husband would be giving a false declaration if he supported your FLR(M) application as the relationship is no longer subsisting.
If he notifies the Home Office that you are living apart they may either send a notice of removal or if you leave for a holiday, you would be refused entry on your return if the information is held on the UKVI system.
Do bear in mind that once your current visa expires you would have no legal status here. Assuming you are unable to reconcile with your husband, your only option would be an application for a work or study visa if you meet the conditions.

As far as the post-nuptial agreement goes, it would be wise to seek advise from a solicitor specialising in divorce and family law.
(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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