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marriage ends to UK spouse during 5yrs probabtion

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stanley005
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marriage ends to UK spouse during 5yrs probabtion

Post by stanley005 » Sun Dec 06, 2015 4:39 pm

Hello,

I need your advise on what I need to do since my marriage has ended with my spouse and I am still on first 2.5yrs spouse visa.

I arrived as a student and switched to post study and then to a spouse visa. been in the country for over 5yrs and known my wife for all the 5yrs but we only have been married for 3yrs now.

I am currently working and earn £36,000 and my company is a valid Tier 2 sponsor. I want to know if its is possible to switch to Tier 2 general or what option do I have making in in country application.

In those 5yrs, I have never been illegal and either working or studying. We have no children together and no history of violence.

There is no much information with regards retention of right when married to a British citizen, hopefully someone can help

noajthan
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by noajthan » Sun Dec 06, 2015 5:00 pm

stanley005 wrote:Hello,

I need your advise on what I need to do since my marriage has ended with my spouse and I am still on first 2.5yrs spouse visa.

I arrived as a student and switched to post study and then to a spouse visa. been in the country for over 5yrs and known my wife for all the 5yrs but we only have been married for 3yrs now.

I am currently working and earn £36,000 and my company is a valid Tier 2 sponsor. I want to know if its is possible to switch to Tier 2 general or what option do I have making in in country application.

In those 5yrs, I have never been illegal and either working or studying. We have no children together and no history of violence.

There is no much information with regards retention of right when married to a British citizen, hopefully someone can help
You could start here: https://www.gov.uk/visas-when-you-separate-or-divorce

You may have to apply for a Tier 2 from abroad:
https://www.gov.uk/tier-2-general/switch-to-this-visa

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

stanley005
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by stanley005 » Sun Dec 06, 2015 6:24 pm

The gov link doesn't really give much advise with regards to what option and I don't want to go out of the country to make an application.

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Casa
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by Casa » Sun Dec 06, 2015 6:45 pm

stanley005 wrote:The gov link doesn't really give much advise with regards to what option and I don't want to go out of the country to make an application.
"You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories."

You may not have any choice as you will have seen in the gov. link that 'Spouse' isn't on the list of accepted categories for an in-country switch.
(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.

noajthan
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by noajthan » Sun Dec 06, 2015 8:41 pm

Casa wrote:
stanley005 wrote:The gov link doesn't really give much advise with regards to what option and I don't want to go out of the country to make an application.
"You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories."

You may not have any choice as you will have seen in the gov. link that 'Spouse' isn't on the list of accepted categories for an in-country switch.
+1

The Gov UK webpage seems quite clear.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Obie
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by Obie » Sun Dec 06, 2015 10:23 pm

Is there any child in this relationship
Smooth seas do not make skilful sailors

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Casa
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by Casa » Sun Dec 06, 2015 10:25 pm

Obie wrote:Is there any child in this relationship
Obie, the OP says in their opening post "We have no children together and no history of violence."
(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.

Obie
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by Obie » Mon Dec 07, 2015 12:33 am

Casa wrote:
Obie wrote:Is there any child in this relationship
Obie, the OP says in their opening post "We have no children together and no history of violence."
Thanks for pointing that out dear Casa. It misses my view completely. Perhaps it is the season.
Smooth seas do not make skilful sailors

stanley005
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by stanley005 » Mon Dec 07, 2015 7:32 am

The gov website suggest an application can be made on the basis of your private life, eg if you’ve lived in the UK continuously for a number of years.

This seems to be like my only in-country option and I want to know if I can get that based on been here for alomost 6yrs now and my work

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Casa
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Re: marriage ends to UK spouse during 5yrs probabtion

Post by Casa » Mon Dec 07, 2015 9:14 am

You would have to show established family life which would include chidren, hence Obies question. Work and 'liking living here' wouldn't be sufficient. Also bear in mind that it would be a long and tough route to settlement with no guarantees of success.
(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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Re: marriage ends to UK spouse during 5yrs probabtion

Post by geriatrix » Mon Dec 07, 2015 12:49 pm

stanley005 wrote:The gov website suggest an application can be made on the basis of your private life, eg if you’ve lived in the UK continuously for a number of years.

This seems to be like my only in-country option and I want to know if I can get that based on been here for alomost 6yrs now and my work
Okay, which one of the mandatory requirements specified under 276ADE(1)(iii) - 276ADE(1)(vi) do you think you fulfil?
Life isn't fair, but you can be!

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