Want to stay

[ScotiaRoverzBeau]

I (US citizen) am currently in the UK under a marriage visa. The marriage has broken down before the two year probationary period. Is there a legal way for me to switch status to stay? If not, what is the best way to re-enter the UK as a visitor? Is is possible to go to France or Ireland for a short holiday and just declare that I am visiting upon my re-entry to the UK? (as I wouldn't need to work and wouldn't want to be here illegally anyway). I just want to be with my GF while we wait out our divorces. Once that's done, we'll get married and go from there. Many thanks in advance.

[John]

Is is possible to go to France or Ireland for a short holiday and just declare that I am visiting upon my re-entry to the UK?

Well you can try but don't be surprised if you get refused. Even if it is granted it would be for six months maximum and your chance of repeating the short visit abroad and then return will make it much more problematic each time.

Do not think for one moment that because you are from the US, and the US and the UK being allies, that you will not get refused. Simply, it happens frequently.

When does your current spouse visa end? Has the divorce petition already been issued? Have you any idea when the Decree Absolute might get issued? And your gf's divorce status?

Do be aware that even if you manage to get a visitor's visa you cannot get married in the UK whilst holding that. Theoretically you could apply for a Certificate of Approval to Marry but the guidance issued by the Home Office says that holders of visas of six months duration or less will not get the required Certificate. So even applying would be a waste of the £120 application fee.

Instead you would either need to apply for a fiancé visa in the States and then come here to marry, or marry outside the UK and then apply for a spouse visa to come here. Assuming of course you do plan to live here after the next marriage.

I have just reread your post :-

I (US citizen) am currently in the UK under a marriage visa. The marriage has broken down before the two year probationary period.

You really mean that? Before the two year probationary period? Or before the end of that period?

[ScotiaRoverzBeau]

I was married in September 2000 [we did the US fiance visa with her]. Lived over there until April 2004. Arrived here having been married for 3.5 years. I was told numerous times to F*** off back to the US before I left her. I knew full well what would happen, but I couldn't take living like that anymore.

The spouse visa expires in early March 2006. I don't think the future ex has filed yet (out of spite), and the GF's divorce should be final shortly thereafter.

I was thinking the earlier I get it cleared with the gov't here, the better. If I wait until later, overstay if you will, it would look as though my intentions on being here would be other than what they are. My GF and I are anxious to do the right thing as soon as possible.

[John]

Hi. firstly, certainly do not plan to overstay. That clearly would not look good when you make your next application, will it! Accordingly you need to make tentative plans to leave the UK by the beginning of next March, if nothing else sorted out in the meantime.

Secondly, the future ex having not yet filed the divorce petition, well you cannot force her to do so and therefore this could drag out for years .... indeed worse case, five years separation might be needed. But do you have grounds for filing the Divorce Petition? If you think you have then seeing a Divorce lawyer might be a very good idea!

Thirdly, forgetting the relationship side of this ... any possibility of you getting HSMP or a Work Permit? If so you might like to pursue that sort of path. What sort of job do you do? Or is it the case that you don't work? (Given that you say "as I wouldn't need to work" in the opening post in this topic.) Indeed if you are extremely wealthy then there are possibilities arising from that.