Spouse Visa

[malhoto]

Hi There,

I am on spouse visa but not on good terms with my wife.What if my divorce happens before compeletion of 2 year spouse visa. Do I need to travel back to my home country.Please advice.


regards,
Opinder.

[avjones]

As a general rule, the marriage needs to be on-going at the end of the 2 year period for you to apply to stay. But it does depend on your individual facts as well, so you shoudl consider taking legal advice.

[Jeff Albright]

What if my divorce happens before compeletion of 2 year spouse visa. Do I need to travel back to my home country.Please advice.

Not only divorce but even if you do not live with your wife, that already means that you no longer qualify to remain in the UK as a spouse. You will either have to apply to remain under different categories or will have to leave the UK. Of course, there is always an option for you to apply to return under the applicable to your situation categories.

[brownbonno]

''Not only divorce but even if you do not live with your wife, that already means that you no longer qualify to remain in the UK as a spouse. ''
That is not correct-ECJ case-Diatta.The subsistence of a marriage relationship should not be determined by their living pattern( under the same roof or not.)