Divorce during spouse visa - options?

[dancerz]

Hi All,

I am a Thai national who entered the UK in April 2014 via spouse visa. My husband and I met in 2009 and we registered our marriage in Thailand in 2012. I'm going through a rough time at the moment in the marriage, there is no abuse or violence, we're just not getting along AT ALL. Although, we're trying to work things out, I would like to know what options do I have in the case that we agree to a divorce.

I work full time in accountancy and have been working since the third month I moved to here. I feel I'm doing good here and do wish to remain in the UK if the divorce happens. Would it be possible for me to switch into a different visa category without having to leave the country?

Any comments are greatly appreciated!

[Wanderer]

You can switch to Tier 2 but your company would need to be a licenced sponsor AND do the local labour tests AND prove you weren't pre-selected.

[stanley005]

I am also caught up in this situation and I am not sure if tier 2 from the Uk will work.

@Wanderer ... please could you advise more on the posibility of tier-2 from within the uk

The gov website says:

You might be eligible to stay in the UK in one of these categories:

on a work visa

however most work visa cateria to switch to this in-country doesn't explicitly mentioned those who are divorced/separated in this situation. I am seeking to get a solutions too.

[secret.simon]

Not to put too fine a point on it, the reason that the period for qualifying for ILR from a spouse visa was extended was to ensure that only spouses whose marriages had lasted for a period of time (in this case, five years) would qualify for ILR.

If the marriage ceases to subsist within the five years of the spouse visa, you will have to go down the work or study route. Wanderer has listed the requirements for getting a Tier 2 General visa.

Accountancy, not being on the shortage occupation list, will require an RLMT and the post will have to be opened to all applicants within the whole EU before it is offered to you.

Organisations who currently have Tier 2 licences are listed here.

Ironically, were you married to an EEA Citizen resident in the UK, you would have qualified for RoR in the circumstances you have listed.

[stanley005]

I work as an engineer and my company is a valid tier 2 sponsor listed on the website. my job title is not listed in the shortage occupation list.

However, my company is willing to do the RLMT as they have been struggling to backfill vacancies within my team for over 4 months now.

My big concern is that , is it possible to switch to tier -2 general from inside the UK if this requirements are met.

[CR001]

You cannot switch within the UK. You need to apply from your home country for a Tier 2 General.

Tier 2 General (click)