Separation/Divorce with children

[Edvina32]

Hi all,

I've been in the UK since 2014 on a Tier 2 dependent visa. The three-year visa has been renewed by another two years this year (2017) but I'm considering filing for separation or divorce from my husband. I also have a four-year-old in Reception year at a school in the UK.

Some other information: I have been working since I arrived in the UK so I am able to supplement the child support I will receive from my husband. Me and my daughter both have Canadian passports but since we have no family in Canada, moving there alone would be very challenging. My brother is also settled in the UK and has a British passport so remaining in the UK would allow me to support my daughter with the help of both her father and my brother. It would also allow my daughter to have access to both her parents.

I understand that I will lose my right to remain in the UK once I file for either separation or divorce but is there a way for me to be granted the right to hold onto my Tier 2 dependent visa along with my daughter's so we don't have to take my daughter out of school and leave the country? Alternatively can I file for divorce and then be sponsored by my brother on a family dependent visa since he will be financially taking our responsibility.

It would be very helpful if you could all share your experiences so I can decide the way forward.

Thanks in advance.

[CR001]

I understand that I will lose my right to remain in the UK once I file for either separation or divorce but is there a way for me to be granted the right to hold onto my Tier 2 dependent visa along with my daughter's so we don't have to take my daughter out of school and leave the country?

No, there is no way YOU can hold onto your Tier 2 Dependent visa. Your daughter possibly yes as she is dependent on your husband not you for immigration purposes. Your spouse has an obligation to inform HO on the prescribed form that the relationship has broken down and your visa will be curtailed.

Alternatively can I file for divorce and then be sponsored by my brother on a family dependent visa since he will be financially taking our responsibility.

No, unfortunately not possible. The UK does not allow this type of family chain migration. How did he get a visa etc to the UK??