Spouse visa and divorce

[NabeelaK]

Hello All

I am on a spouse visa valid until early next year and me and my husband are getting divorced. My husband is on a migration visa and our ILR is due to be applied for in December, 2012 but unfortunately our relationship is ending now. I am from Pakistan where divorce is socially and culturally unacceptable and frowned upon so going back is not an option for me. I have a 5 year old who was born in UK and I will be taking him with me if I will have to go back to Pakistan. Is there a possibility of me getting ILR even though I get a divorce from my husband on any grounds?

Please help. I would be very grateful.

[geriatrix]

I am on a spouse visa ..... My husband is on a migration visa

If your husband is in UK on a "migration visa", then you do not have "spouse visa".
What "migration visa" does your husband have?

[NabeelaK]

He is on HSMP. My visa says "Tier 1 (Dependant) Partner". Is it not same as spouse?

[geriatrix]

No, it is not. Spouse visa / leave as spouse is issued to a spouse of settled person or British citizen.
What you have is a dependant visa / leave - dependant of a HSMP / PBS migrant.

If you have temporary permission to stay in this country as the partner of a migrant who also has temporary permission to stay here, you must leave the UK. This is because you will no longer be meeting the requirements of your permission to stay.

[NabeelaK]

Is there any way I can stay in this country with my child after divorce?

[geriatrix]

IMHO, no.

[NabeelaK]

Even if my child is a uk born?

[NabeelaK]

What happens to the child custody? What if he doesnt let me take my child back to Pakistan? Can anyone help me to atleast take my child with me?

[Greenie]

You should seek advice from a family lawyer regarding residency of your child. The courts in the UK tend to favour the mother particularly with a young child but it does depend on the circumstances.

if you and your husband enter into child residency proceedings then you will have grounds to apply for discretionary leave to remain in order to remain temporarily to take part in the proceedings. Do not allow your husband to force you to leave the UK without your child if there is a risk of this happening.

If you and your husband came to an agreement regarding residency which involves your husband either having partial or full residency, or having direct contact with the child then again you would have strong grounds to remain here on a discretionary basis in order to facilitate that.

If your husband obtains ILR then your child will be able to register as a British citizen and in this case you may be able to remain here on that basis. I would strongly advise you to seek advice from a competent immigration lawyer on your options.