Almost due to apply for FLR but marriage might be over

[Lizzie60]

Hi
I write on behalf of a friend, whose 5 year old grandson looks likely to lose his daddy due to a marriage breakdown. They've been living apart but seeing each other's regularly, and it has looked like they'd sort things out. However, it now looks like they will permanently separate. My friend is devastated for her grandson and son in law. Is there any chance at all he may be allowed to stay as he and his son are very close and if he was to leave he would probably never see his son again. He has a job and pays his own way, but no longer meets the financial requirements. Any help would be appreciated, thank you.

[CR001]

Is child British?

What is the immigration status of the father/son-in-law?

FLR(FP) child route but only if he is no longer living with the child (assuming child is British) and has the supporting documents to prove his access, commitment, monetary support, visits, court papers etc.

[Lizzie60]

Yes,the child is British. His dad has been here since August 2014 on a partner visa. He sees his son a lot and this will continue. As he no longer meets the financial requirements would he have to take the 10 year route? Also, what will happen when he informs the authorities that his marriage is over as he isn't due to apply for FLR until April? Thank you.

[CR001]

It is the British spouse that has the obligation to inform HO that the marriage is no longer subsisting, see link below.

https://www.gov.uk/government/publicati ... nsent-form

Non-EU spouse on spouse visa will need to apply for alternative right to remain before current visa expires. HO could very well curtail/cancel his current visa so he should prepare for the FLR(FP) sooner rather than later.

[Lizzie60]

I see that on the 5year route he would need to prove adequate maintenance and accommodation. I know how this is done for a couple, with or without a child, but how would it differ in this case? As his son lives with his mum, would his calculations just include himself or a naintenance figure for his son? When checking the current rate of Income Supporters used in the calculation, would he look at single parent with one child, even though he would only stay with him once or twice per week? Also, as he would be living alone, and only has one bedroom, will this be acceptable? If he is unable to prove adequate maintenance and accommodation will he have to apply using the 10 year route?
Thanks again.