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divorce spouse visa

General UK immigration & work permits; don't post job search or family related topics!

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spousevisa11
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Joined: Fri Oct 28, 2011 8:42 pm

divorce spouse visa

Post by spousevisa11 » Fri Oct 28, 2011 8:45 pm

Hello,
I have a spouse visa for nearly 1 year now and my relationship with my wife is going to end soon due to some problems and misunderstanding if we get divorced am i allowed to stay in the UK ?because i can not leave my son and leave the country i love him so much.Please what should i do?Many thanks :cry:
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Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Oct 28, 2011 9:48 pm

You can't remain in the UK on the basis of your relationship. You can switch your immigration status (apply for leave to remain) to that of a person who is exercising rights of contact with a child that is resident in the UK (Paragraph 284a). You would need to get certain legal documents from your wife and/or the family court to prove this situation. It's not the easiest of applications (due to the precise nature of the paperwork required to show contact with the child) so I would always suggest that you seek appropriate legal advice on how to proceed. You should start now so that you can be ready to apply before you current visa expires.
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spousevisa11
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Joined: Fri Oct 28, 2011 8:42 pm

Post by spousevisa11 » Sat Oct 29, 2011 12:03 am

Thank you for your helpful answer.

What kind of documents do i need please?
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Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sat Oct 29, 2011 9:26 am

Click on the blue words in my post and read paragraph 248a(iii)
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geriatrix
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United Kingdom

Post by geriatrix » Sat Oct 29, 2011 11:41 am

See also Section 1 - Persons exercising rights of access to a child resident in the United Kingdom
Life isn't fair, but you can be!
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