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Marriage breakdown and changes of immigration status

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abu_sayeed2004
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Marriage breakdown and changes of immigration status

Post by abu_sayeed2004 » Fri Jul 28, 2006 11:32 pm

Hi Everybody,
I am a bangladeshi National living in UK. I came to UK with spouse visa for a provision of 2 years but my marriage has broken down and my wife gave me divorce within the provision period. My visa is going to run out in November,2006. As i am not able to apply for further extension of my visa i might be deported. I am in a very complicated situation and i dont know what to do.
I need advice from everybody whether
1) can i change my visa status to student visa if i get admitted to the University?
2) If so, do i need to go back to bangladesh for change of immigration status?
3) How can i make the application for change of status?

Please help generously. I am in a terrifying situation.

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Re: Marriage breakdown and changes of immigration status

Post by Jeff Albright » Sat Jul 29, 2006 9:53 pm

Sorry to hear about problems...
1) can i change my visa status to student visa if i get admitted to the University?
If you get enrolled full time for a degree course, yes, you can. Bear in mind huge university fees.
2) If so, do i need to go back to bangladesh for change of immigration status?
No, you don't. You'd better not. It will be difficult to obtain a non-settlement visa after being in a settlement category. Apply in-country.
3) How can i make the application for change of status?
See above. Will need to send your application 1 month before your current 2 year visa expires.


Good luck!

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Jul 29, 2006 10:41 pm

abu_sayeed2004, if only to rule out the possibility, did your marriage break down because you were the victim of domestic violence? If so is there any evidence ... Police reports, Social Services records, medical records?

I mention this because there is a route to ILR for those that have been the victim of domestic violence, and there is evidence to prove that.
my wife gave me divorce
You mean you are legally divorced? You have a Decree Absolute from a British Court? Or are you referring simply to some sort of religious divorce?
John

abu_sayeed2004
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Posts: 3
Joined: Fri Jul 28, 2006 11:10 pm
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Post by abu_sayeed2004 » Sat Jul 29, 2006 11:04 pm

Hi,
Thanks for your reply Jeff albright. I got the answer to my question. Thanks to John as well. In response to John question i need to say that she didnt keep the route open for me. She did it very technically. I had a relation with her until march 2006. I live in different city but i used to see her once or twice in a month but everytime i went to her place she misbehaved me. She made it sure that i give up this relation. When she found that i would not give up she went to the court in April with an affedevit that i have physically and metally torchered her and issued a ex- perted non molestation and non prohibition order. No finding of fact were found at the hearing and the court adviced me to go for an undertaking that i would not go to her place. I did so. two months later she applied for a divorce petition and i had to sign it because if i didnt i had to bear all the cost of proceeding.
I am a biochemist in profession and i would like to do a post graduation for a year. Is there any problem with the admission to next september session with lieu to my immigration status.
Please give me advice.
with thanks.
Abu Jubayer

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Jul 30, 2006 8:12 am

I am a biochemist in profession
Do you qualify for HSMP? If you do then you should proceed to make an application as soon as possible.
John

Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Mon Jul 31, 2006 10:55 pm

AFAIK you are not able to switch status 'in country' to any category of leave under the rules - such would have to be as a concession. A concern is that technically your visa was based on a marriage which is no more hence its actually likely to get curtailed if the Home Office get involved (effectively your visa is now invalid). Are you eligible for the HSMP scheme or are you likely to obtain a WP in your profession? It will be easier to return to the UK in a category leading to settlement.

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