student dependent to spouse visa?

[les4sure]

I came to the UK 4 months ago on student dependent Visa with my husband who's doing some PHD course here.
Our marriage is on the edge and we don't won't to live together no more, my visa is valid until March 2010.
The main reason for our marriage breakdown is that I fell in love with another girl, I realized I was a lesbian but was too coward to admit it. Now, I want to divorce him and marry my girlfriend, is this possible at all? I know UK allow same sex marriage, what do I need to do? do i need to go back to my home country? What do we need to do? Can we do it alone or I need to seek some professional help with some lawyer?

Please advice..

Many thanks

[les4sure]

Anyone please? Sorry for bumping real fast but I'm really desparate and afraid that my husband will kick me out of here

[iamwhoever]

First of all, you need to start divorce proceedings. I don't know how that will affect your status in the UK. Someone else will have to answer that. Though I don't think they would take it away; it just couldn't be renewed.

It seems that as long as you have the right to abode, you will just have to apply for a COA. Click here.

I could be wrong. Your best bet would be to contact the embassy. If you can't get a response there, then you may have to find a solicitor.

Good luck. Cheers!

[les4sure]

Do you mean start divorce proceedings in my country? We were married in my country before we came here and we never like registered our marriage here on anything although on our application I was his wife and we provided our marriage certificate to the embassy. I have read all about the COA and the procedures on the ukba website but It's not clear whether I can apply for COA while i'm here and marry while I'm on 'dependent' visa or that I need to go back to my home country and apply for fiance (or proposed civil partner) visa first. Furthermore, getting divorced in my country will take ages especially if he won't collaborate (don't know for sure) and the fact that he is here means it's very hard to oblige him of something he doesn't want to do by law. I'm trying to find some good solicitor but don't know where to start, my girlfriend saw one today and he said that he needs some time to study our options! is it that complicated or he's just not competent enough?

[iamwhoever]

I'm just going on what I have read. It seems you may have to leave and apply for a proposed civil partnership visa. However, I could be wrong. I also haven't seen anything that would require you getting a divorce, so far, which is surprising since most places require it.

You're best bet is to contact immigration to see if you can get some answers. I don't know how difficult the situation is, or how long it should typically take a lawyer to review your case, but I would think a lawyer who knew what s/he was doing wouldn't take too long.

If you are going to wait on this lawyer, I would contact immigration in the process.

[les4sure]

I think I'll give it a try and to apply for COA rightaway with my current circumstances, will i loose anything in the future if It get rejected?

Thank you all for you replies, any more advice would be highly welcomed

Thanks

[vinny]

4.3 You will need to bring evidence of your names, addresses, ages, nationalities and, if either of you has been married or registered a civil partnership before, proof that you are now free to marry or register a civil partnership.

If you have been married before or party to a previous civil partnership, you will also need to produce documents that confirm that you are now free to register a civil partnership. These could include:

* divorce decree absolute bearing the court’s original stamp
* final order of dissolution of a civil partnership
* death certificate of your former husband, wife or civil partner

For details on how to apply for a copy of a decree absolute or final order of dissolution if the divorce or dissolution was granted through an English or Welsh court see Divorces and civil partnership dissolutions.

[iamwhoever]

I thought that was the case Vinny, but I was too tired to find the webpages again.