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marriage breakdown before completing 2 years probation

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angelica salazar
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marriage breakdown before completing 2 years probation

Post by angelica salazar » Tue Sep 17, 2013 12:48 am

Hi there, I need urgent advice to assess my immigration situation, currently under a spouse visa and due to apply for ILR by 6th Oct 2013. Unfortunately my marriage is deteriorating to the extend that my husband doesnt want to sign the declaration form to submit the SEt (M) form and I need advice about the alternative options available to remain in the Uk and preferably without losing my job . I would appreciate if someone could give me any advice. Thank you. :idea:

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Post by vinny » Tue Sep 17, 2013 2:41 am

Are you a victim of domestic violence?
Do you have any children?
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angelica salazar
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Post by angelica salazar » Tue Sep 17, 2013 2:02 pm

Hi, no I don't have any children, and haven't been the victim of domestic violence, thankfully.

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Post by Amber » Tue Sep 17, 2013 2:31 pm

Try and patch things up and work on subsisting your relationship.
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angelica salazar
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Post by angelica salazar » Tue Sep 17, 2013 3:06 pm

Hi Amber - I'm not sure that's an option any longer :cry: Is it my only chance? Someone suggested I try the FLR(O) application, could that be a realistic option for my situation do you think? Thanks

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Post by Amber » Tue Sep 17, 2013 3:52 pm

I would try your hardest to make the relationship work.
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angelica salazar
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and what a bout the FLR (o) on the grounds of human rights?

Post by angelica salazar » Sun Sep 22, 2013 1:46 pm

I have been in the UK under other categories such as student as post study work that dont counts towards the settlement, bad stuff, but i have already built a life here which is very difficult to whipe out, just because my marriage didnt work out. i am not a toy, my husband thought that he could use me and bin me without thaking liability for his actions , i saw it coming and of course i wait until the last minute to confirm that he doesnt really care about my profesional career and future life expectations away form my country of birth (colombia) currently inundate with violence and corruption, not a realy nice escenario where to depict my life. During the time that my husband left the house ( pretty much he booked 7 months non stop holiday) leaving me behind, i met a charming welsh man that is very keen on me and the feeling is reciprocate, he is a carpenter with earnings below 18K a year, therefore the idea of leaving the UK to get married again and come as a spouse is not an option due to his low earnings, I am a woman turning 35 years old tomorrow, with a contract job and currently earning over 25K a year , honestly i think i have got the right to give myself an opportunity to set a family and have a tranquile and fulfiling life . This is the case, any one has got advise on how to word all this in a technical manner so that I can have a case that i could submit in the form FLR (o)? prety please, desperate, and hopeless
:shock:

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Re: and what a bout the FLR (o) on the grounds of human righ

Post by Choc-Ice » Sun Sep 22, 2013 2:40 pm

angelica salazar wrote:I have been in the UK under other categories such as student as post study work that dont counts towards the settlement, bad stuff, but i have already built a life here which is very difficult to whipe out, just because my marriage didnt work out. i am not a toy, my husband thought that he could use me and bin me without thaking liability for his actions , i saw it coming and of course i wait until the last minute to confirm that he doesnt really care about my profesional career and future life expectations away form my country of birth (colombia) currently inundate with violence and corruption, not a realy nice escenario where to depict my life. During the time that my husband left the house ( pretty much he booked 7 months non stop holiday) leaving me behind, i met a charming welsh man that is very keen on me and the feeling is reciprocate, he is a carpenter with earnings below 18K a year, therefore the idea of leaving the UK to get married again and come as a spouse is not an option due to his low earnings, I am a woman turning 35 years old tomorrow, with a contract job and currently earning over 25K a year , honestly i think i have got the right to give myself an opportunity to set a family and have a tranquile and fulfiling life . This is the case, any one has got advise on how to word all this in a technical manner so that I can have a case that i could submit in the form FLR (o)? prety please, desperate, and hopeless
:shock:
It's VERY HARD to see how you can succeed in getting leave to remain outside the rules with the everything you described here...

Are you a victim of domestic violence?
Do you have any children?
I am guessing he asked you those question to find out if there're any compassionate and compelling circumstances regarding your marriage. I would advise you speak to specialist immigration advisers before you send in the application for LTR!
IMpossible is 2 letters to long!

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Post by Amber » Sun Sep 29, 2013 4:53 pm

angelica salazar wrote:Divorce from Colombia vs Divorce from UK

Under my cirrent spouse visa , i am nearly about to have to leave the country this Fri 4th Oct unless i try with the FLR (o) to buy some time and intend to file a divorce that will give me economic compensation following my husbands abandonment. Very close to the ILR he decided to turn his back and walk away from me. My question now is about how easy or difficult is a divorce being back in Colombia, how long it would take, how much can it cost (roughly) , or is it worth to buy some time and remain here in London to file it ?? confused Confused
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Post by Amber » Sun Sep 29, 2013 4:54 pm

angelica salazar wrote:QUESTION:
How much is the minimum amoount threshold of my partners to prove adequate means of maintenance


Immigration Rules. Paragraph 276ADE


Claim:

Private life with a Partner that is British.

My removal from the UK will result in the interference of the UK authorities in my private life with an unreasonable and disproportionate interference.

Following the attached evidence (see enclosed documents last 12 months) I can prove that I have had a continuous residence in the UK.

I first got UK entry clearance in the UK as an student since 05/04/2005 having gone through various limited leave to remain until 29/01/11, and my story of immigration granting me a leave to remain to the UK towards a route of settlement started as a fiance since 25/05/11 and continued under the category of spouse since 25/10/11 until 05/10/13.

I am an applicant whose marriage to my previous partner British citizen has not been legally dissolved, and I consider I qualify under Appendix FM as an unmarried partner of British citizen , meeting the criteria of paragraph GEN.1.2 providing enclosed evidence that this new relationship is genuine and subsisting and that my previous relationship has broken down permanently.

We intend to live together permanently in the UK and we can prove ability of adequately maintenance without recourse to public funds, he can provide accommodation and I can prove that I meet the English Language requirement. There are an Exemption proving that there are insurmountable cultural obstacles to family life with my partner continuing outside the UK and insurmountable financial obstacles to bring me as a proposed unmarried partner on the basis of ECHR Article 8 Minimum annual income threshold of £18,600 to bring me as an unmarried partner from overseas......

WHAT ELSE TO WRITE?
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