Marriage visa after a split up

Irri · Post by **Irri** » Wed Jun 20, 2012 5:41 pm

My wife is on a marriage visa. She has decided she doesn't want to be with me anymore so I want a divorce ASAP. She has 15 months left until she would have got ILR. I have 2 months until I can apply for a divorce. She wants to stay in the UK.

We're still friends and she wants to visit the UK until the divorce goes through. Do I have to tell the UKBA we have split up? What would happen if I did? Is it possible that I believe there is still a chance for us until the divorce goes though so I don't have to inform them?

If she does stay for a while is possible to switch to a work visa?

Thanks in advance.

Post by **geriatrix** » Wed Jun 20, 2012 6:26 pm

Partners of British citizens and people who are settled here
If your relationship with your partner breaks down

If she qualifies for any other immigration category (e.g. - as an economic migrant), she will need to apply for entry clearance from outside the UK.

Irri · Post by **Irri** » Wed Jun 20, 2012 7:14 pm

Thanks.

So what I've read from this and other posts is that it is okay for me not to inform the UKBA as it is possible we could get back together. If I did inform them, they would most likely cancel her visa as there is so much time left of the 2 years.

Does that sound right?

Post by **Lucapooka** » Wed Jun 20, 2012 7:19 pm

I think it's likely they will not curtail her leave; they know that it takes a while to sort out divorce and asset issues and tend to respect that. They tend only to act in situations where there has been fraud or other issues such as DV.

Irri · Post by **Irri** » Wed Jun 20, 2012 7:23 pm

Are you sure?

I thought they only ignored it if there was less than 6 months left. Our divorce will be done in 6 months. I'd feel better if I could inform them knowing it wouldn't affect her as I hate having that power. She'd be over the moon if she knew she could stay for the rest of the visa's length.

Post by **Lucapooka** » Wed Jun 20, 2012 7:25 pm

Irri wrote:I thought they only ignored it if there was less than 6 months left.

That particular trend falls under the Points-based system; it's stated in the PBS guidance. I can't find any guidance or even hearsay to support your claim.

Irri · Post by **Irri** » Wed Jun 20, 2012 7:30 pm

I just read it in another thread.

So you think that even when we are divorced, they will let her stay to the end of the two years?

Post by **Lucapooka** » Wed Jun 20, 2012 7:37 pm

I do, but I can't offer you a guarantee (it's just that I've never heard of anyone actually being curtailed in this situation). They know she can't go beyond her leave and needs time to sort out her future plans beyond the actual divorce. Right now she is a woman (that counts) in a country where she thought she was being settled, perhaps having liquidated everything from her life back home, so it's not worthwhile disturbing people in these situations.

Irri · Post by **Irri** » Wed Jun 20, 2012 8:03 pm

Thanks for the info

Post by **vinny** » Thu Jun 21, 2012 12:57 am

Lucapooka wrote:
Irri wrote:I thought they only ignored it if there was less than 6 months left.
That particular trend falls under the Points-based system; it's stated in the PBS guidance. I can't find any guidance or even hearsay to support your claim.

See also Curtailment of leave. Note that the six months curtailment threshold has been reduced to sixty days.

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Marriage visa after a split up

Marriage visa after a split up