Marriage Dissolution Query

[ghmw]

Hi there,

I have a bit of a convoluted query, and will need to give you a little background info for you to get the full picture...

My partner (now fiancee) is a US citizen, and is currently in the UK on a spousal visa with his (now separated) wife. They separated 5 months ago, and as yet she has not informed the UK Home Office of the separation as she is holding his belongings 'hostage' until he pays her 'x' amount of money for the original visa.

We met at work, long before they separated, but did not start any sort of relationship (emotional or otherwise) until it had ended. We have since moved in together and got engaged and are in the views of wanting to spend our lives together (when you know, you just know - life works in mysterious ways!).

He is now prepared to file for divorce and forget about the rest of his belongings, and as such we are looking to apply for a K1 fiancee visa to the US so we can start our lives, and marriage, together.

Question - Once the divorce proceedings start and he informs the Home Office, how long would he be given to leave the UK? I understand that he would (theoretically) be expected to leave ASAP, however we would like to wait it out together, in the same country, for as long as possible until my US visa comes through. His spousal visa expires in 2019, although I understand this will be void once divorced? We don't want to damage any prospective visa applications we may make, on his behalf, in the future, for us to return to the UK to live.

Many thanks in advance for any help provided

[Casa]

His Spouse visa has actually been technically invalid since he left his wife and their relationship was no longer subsisting.

How long have they been married? I assume he plans to divorce in the UK? A divorce can be a very lengthy process, even more so if one spouse doesn't agree with the petition.

[ghmw]

Thank you for your response, it's much appreciated.

Oh dear, we were both under the impression that it was once the divorce has been finalised. They have been married for 14.5 months and separated for 5 of that, and he does plan to divorce in the UK. Would he be expected to leave the UK before the divorce is finalised?

[Casa]

Thank you for your response, it's much appreciated.

Oh dear, we were both under the impression that it was once the divorce has been finalised. They have been married for 14.5 months and separated for 5 of that, and he does plan to divorce in the UK. Would he be expected to leave the UK before the divorce is finalised?

You're confusing that with someone married to an EU sponsor under EEA Regulations, not as in your partner's case under the UK Immigration Rules.