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Tier 2 dependent divorce

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Tanyaclaton
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Tier 2 dependent divorce

Post by Tanyaclaton » Wed Jul 05, 2017 5:36 pm

HI CR001
We are from asia and my husband is on T2 ICT working here in a marine comany. My husband is not having ILR nor citizenship here In UK.we are not married here can I apply a divorce here and will it be granted???.if divorce granted can I apply for.ILR based on domestic abuse reasons .what documents i need to to home office to support domestic abuse ...please suggest

T claton

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CR001
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Re: Tier 2 dependent divorce

Post by CR001 » Wed Jul 05, 2017 7:33 pm

Yes you can apply in the UK for a divorce. Your husband must inform HO that the relationship has broken down and your visa will be curtailed/cancelled.

No, it appears you won't qualify for ILR based on domestic violence. The guidance notes state it is for partners of someone British or who has ILR.

https://www.gov.uk/government/uploads/s ... 0-2016.pdf

Support documents would be doctors report, women's shelter support, social services support, police reports etc.

How long have you been in the UK?
Char (CR001 not Casa)
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Tanyaclaton
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Re: Tier 2 dependent divorce

Post by Tanyaclaton » Thu Jul 06, 2017 9:26 am

HI CR001 thanks a lot I am living from last 4 yrs and have paid the taxes for the time I have lived here.

Since we have not married here in UK I thought cannot apply for divorce but how can stay here and apply for divorce if my husband cancels dependent visa.on visa grounds I need to stay here .based on the domestic violence how many years of visa I can get.if my dependent visa is cancelled will home office give any time to apply for new visa.also I have property and parents in my country obviously I cannot lie that I don't have a place to stay other than UK.I have also sufficient funds in my account which I cannot lie.

Can you please help me here.

Many thanks.

Tanyaclaton
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Re: Tier 2 dependent divorce

Post by Tanyaclaton » Thu Jul 06, 2017 9:30 am

Hi CR001 also to answer your question we both don't have ILR nor citizenship either from UK or any other European countries.

In this case can I apply for ILR based on domestic violence.I looked at the link you send and gone through basically it does not say the prerequisite visa criteria for applying for ILR based kn domestic violence.

Can you please clarify

Tanyaclaton
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Re: Tier 2 dependent divorce

Post by Tanyaclaton » Thu Jul 06, 2017 9:32 am

Also to add we have a daughter born In UK and she is 3 yrs now will this add any thing strong to case

Wanderer
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Re: Tier 2 dependent divorce

Post by Wanderer » Thu Jul 06, 2017 11:17 am

Tanyaclaton wrote:Also to add we have a daughter born In UK and she is 3 yrs now will this add any thing strong to case
No. You cannot use the DV route as no-one in the scenario is British or holds ILR which makes sense.

Neither can you use the child to gain ILR, 3 year olds are perfectly adaptable, anchor babies don't work...
An chéad stad eile Stáisiún Uí Chonghaile....

Tanyaclaton
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Re: Tier 2 dependent divorce

Post by Tanyaclaton » Sun Jul 09, 2017 4:07 pm

Hi

Me and my husband are here in UK on tier 2 work visa. My husband wants to separate.we both don't have ILR or citizenship and I am on Tier 2 dependent visa .we are from japan and we have a daughter .earlier it was confirmed to me in this fourm i cannot get ILR based on DV.I am working now
what happens

1) If my husband cancels the visa will I get the extension for 60 days if I request home office.

2) if I move back to my country after I get the divorce notice from him here in UK.will he can continue with divorce and court grants it or will it be dissolved as I move back informing home office and I will not be available for court hearings due to visa issues

4) how long will it take to court to grant the divorce if I don't sign the divorce as I want to save the marriage

5)will court considers any mediation or counselling to save the marriage if I request the judge in my appeal and will court asks go and live for 6 months toget her to give last chance and give a try

6) if I come back I different visa after 6 monthz will court ask meto continue with court proceedings

Thanks in advance for any one s reply especially CR001 or Manchester or any moderators

Good day and best regards
T claton

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CR001
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Re: Tier 2 dependent divorce

Post by CR001 » Sun Jul 09, 2017 4:20 pm

1) If my husband cancels the visa will I get the extension for 60 days if I request home office.
No you won't. There is a specific form he has to use to notify HO that the marriage has broken down. It is then up to HO to process this and curtail your visa. This process can take many months before you receive the curtailment letter.
2) if I move back to my country after I get the divorce notice from him here in UK.will he can continue with divorce and court grants it or will it be dissolved as I move back informing home office and I will not be available for court hearings due to visa issues
Don't confuse the visa curtailment with the divorce process. They are not the same and not related in any way. If your visa is cancelled and you are given a specific date by which you must leave the UK, you will have to leave regardless of where the divorce process is. If you do not leave by the date that HO will tell you to, you will be an overstayer and will have no right to work or use the NHS etc.
4) how long will it take to court to grant the divorce if I don't sign the divorce as I want to save the marriage
Not an immigration question at all. Suggest contact CAB for advice. A divorce can take many months.
5)will court considers any mediation or counselling to save the marriage if I request the judge in my appeal and will court asks go and live for 6 months toget her to give last chance and give a try

Yes, but again, this has nothing to do with immigration, which is what this forum is for.
6) if I come back I different visa after 6 monthz will court ask meto continue with court proceedings
The divorce does not simply stop progressing if you leave the UK. So don't be under any illusions that by leaving the UK nothing further will happen.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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