Spouse Visa and Separation/Divorce

[Gagan1986]

Hi,
Sorry didnt make myself clear in the last post.
If i notify home office, she can try to make up stories of domestic violence as her intentions are very clear of not leaving the country. Is there anything i can notify police saying i am going to notify HO about breakdown of marriage but there is a likehood she can put false allegations on me to stay in this country?

[CR001]

She will need substantial evidence of domestic abuse from a number of sources.

You cannot 'pre warn' the police of an event that might or might not happen. You notifying HO has nothing to do with the police.

[Gagan1986]

Thank you.

Is it a good idea for me to move out and inform HO as they would need two different addresses. Where then would I file a divorce? India or here in the UK. We got married in India in March 2016.

Sorry in advance for asking so many questions.

[vinny]

Posts merged.

[ttcg]

Does it mean that UKVI can kick a person out of the country even though they are still legally married? Even before a divorce? What if they both have properties, houses in UK in joint names?

Can't they even wait until they have done the Divorce degree and divided financial stuffs?

I just got my FLR (M) visa 3 days ago and this post gave me a shock. What if my partner kicked me out and took all our money and properties? There is no way to settle and sell a house, cars, etc within 60 days.

[secret.simon]

What if they both have properties, houses in UK in joint names?

That is irrelevant to the matter of having a spouse visa. Holding assets in the UK has never been grounds for being issued a UK visa anyway.

The basic grounds for a spouse visa is that you have a subsisting marriage (or civil partnership or relationship akin to marriage) with a person settled in the UK. If the marriage ceases to subsist, even if you are not divorced, there is no reason for you to remain in the UK.

Merely having a marriage or civil partnership certificate or being in a relationship akin to marriage is not sufficient grounds for a UK spouse visa. See this case about the rejection of an initial spouse visa for not providing proof of subsistence of marriage.

[Gagan1986]

Thank you very much as that was my next question, that do we have to have a divorce before she is asked to leave the country.

As we were married in India, what do you suggest that should I trigger a divorce under unreasonable behaviour here or in india? I have been getting conflicting advices from lawyers here and in india.

If I apply for a divorce here then I would have to pay half my salary etc and if she goes to india she can attack my flat in india where my mum and dad are staying. IN a real mess!!!

[CR001]

If you are domiciled in the UK, as you clearly are, you can institute divorce proceedings here. Being divorced or not being divorced has absolutely nothing to do with immigration and whether a person has the right to remain or not.

Suggest contact a family lawyer or CAB. This is not the correct forum to offer divorce advice.