Relationship breakdown on spouse visa with ILR children

[jnj8284]

Hi there,

I did a few searches on this topic, but I can't seem to find detailed information on what to do in this situation.

I am in the UK on an extension of my 2 year probationary period on a spouse visa. Have been married to a UK citizen for 10 years and have 3 children that have ILR in the UK. My spouse and I are done, but I've been in the country for over 3 years now, have a council property in my name, 2 bank accounts, a part time job, am paying the bills, and my children are all in school, staying with me. I'm aware I no longer qualify under my current status as my spouse has moved out recently, but surely there must be a category I can apply under to stay in the UK. Our lives are here.

I would appreciate if someone has any information or advice, as I already phoned the UKBA and they advised me to get some. Advice, that is. Thanks in advance...

[vinny]

Who has the children?

[Amber]

Did you not have Indefinite Leave to Enter last year?

[jnj8284]

Who has the children?

Hi, sorry for the delay. I have the children living with me in a three bedroom house. The father is in a rented room.

And, I didn't get indefinite leave last year. I hadn't taken the KOL test in time because I thought I was leaving the country with the father, then a good job opportunity came up for him and he decided we should stay, so I got an extension on my limited leave to remain.

I've been advised that there's a form that is relatively new, an EX 1? I'll have to look into it more closely.

[vinny]

Why aren't your children British?
Where were they born?
What does your visa say?

[jnj8284]

Why aren't your children British?
Where were they born?
What does your visa say?

My children were born in Canada, and after speaking to an immigration lawyer, I've been led to the understanding that my kids are British after all. They all have ILR on their passports, but dad is British.

My passport says I have Leave to Enter on the first part of a spouse settlement visa. It's just an extension of the same visa I've been on since I've been in the country.