Separation undecided, eligibility of Dependants to extend

[PeterPan25]

Hi,

I would appreciate help to understand and direct our current situation. I have a sponsored Tier 2 visa with 2 kids and wife as dependents, soon due for an extension. With unfortunate timing a respite from our self-destructing husband-wife relationship became inevitable and I have found a temporary second home. Through my sponsor I have learned that such a physical separation is not acceptable and that both my wife and kids therefore are not eligible to apply for extension. We are still married and my official address is still the same old, only now there is also a 2nd address where I currently reside. This is all very recent (days..) and a permanent decision on separation and divorce has not yet been made - we are currently considering some kind of family therapy. The kids (13 and 15) really want to stay in England (friends, language) rather than go back to their home country where they would certainly struggle with a combination of separating parents, new environment, loss of friends, challenging language and education etc..

Given that a decision on permanent separation has not yet been made would it not be possible to wait with informing the Home Office about our decision, and give some time to at least attempt to recover our family? In the meanwhile we would all four apply for extension. For a divorce, the time imposed for such a cool-down is 2 years..

In addition, I wonder to what extent the UK Home Office follows the so called Hague directives on children in separating families (though unfortunately I have still not yet found a clear text describing this yet…)? If the kids situation in a forced relocation would be obviously compromising relative to their current status, is this still acceptable? In addition, as I understand it, if I don’t agree, my wife would have not have the right to move away with the kids, but it would be OK for immigration to kick them out? Trying to understand..

Currently, for me to return to the same roof as my wife would likely be destructive, yet, the option of them moving to the other side of the planet is equally destructive. How can we choose between those two?

Thanks

[noajthan]

Start here:
https://www.gov.uk/change-circumstances ... have-a-brp

Dependants who cease to be dependant on the main applicant for any reason will generally no longer be eligible for further leave to remain
in the United Kingdom as a dependant. Any current leave the dependant holds may be curtailed due to the change in circumstances

[PeterPan25]

Thanks, however, the guidelines only view these big decisions as black or white whilst in reality there is an intermediate grey zone. Obviously, if the only objective of HO is to minimize the number of immigrants then any step beyond the initial starting point would be sufficient, however, that would not consider the humanity of such situations.

[noajthan]

Thanks, however, the guidelines only view these big decisions as black or white whilst in reality there is an intermediate grey zone. Obviously, if the only objective of HO is to minimize the number of immigrants then any step beyond the initial starting point would be sufficient, however, that would not consider the humanity of such situations.

You will have to discuss with HO.
You are clearly under obligation to notify your change of details and circumstances however unfortunate on a personal front.
The HO does not operate on the basis of emotions but rather by application of the legislation, namely Immigration Regulations.

Not notifying at the appropriate time, or making an application for an extension whilst suppressing material facts, will be most likely to lead to unfortunate consequences, for all concerned, for years to come.