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UK Dependant Tier 2 to work permit(post DIVORCE)

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kindhitman
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UK Dependant Tier 2 to work permit(post DIVORCE)

Post by kindhitman » Mon Jul 17, 2017 11:09 am

Hi all - My ex (wife) and I are in a bit of dilemma and we would really appreciate any genuine guidance please.

My visa (Husband) - UK Citizen
Wife's visa - Tier 2 dependant Visa ( Currently in year 4 - Visa valid until 2019), ILR due July 2018


A bit of background...

Me and my ex had decided to part ways and applied for a mutual divorce in Feb 2017 (Hindu tradition - divorce filed in India). As part of the process, the second & final date of divorce is 10th Aug 17.
She is now asking me if we could delay the divorce to Dec 2017 as her employers in the U.K. cannot grant her the new work permit before then.
She is the one who had initiated the divorce and despite a number of attempts from me to reconcile, she doesn't want to...

Question is: If we go ahead and divorce in Aug'17 as planned and I DO NOT notify home office (HO) until December 2017, until her company sponsors her new WP visa, will that have any negative impact on her WP visa when she applies for it in Dec'17 ?
Her concern is that, when she applies for her work permit it might highlight as an issue that we got divorced in Aug-17 and she still carried on staying until Dec-17. But in my opinion that should not be the case as she has a valid visa until 2019 and I do not intend to notify HO until Dec-17 (No intention to cheat HO and I know it is my responsibility to inform HO, but it does take few months to get the certificate of Decree anyways, at the same time I am OK to give her some more time to sort her work life out)

I was initially contemplating to delay the divorce date to Dec'17 but every single day has been extremely painful so far and has been v difficult to move on (especially if there's no hope to reconcile)...besides what if sponsorship do not take place in Dec17.

Both of us are extremely stressed with this situation and would really appreciate if someone could provide any helpful guidance.

Many thanks
Mr Lonely

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CR001
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Re: UK Dependant Tier 2 to work permit(post DIVORCE)

Post by CR001 » Mon Jul 17, 2017 1:08 pm

You have to notify HO on the prescribed form. It will take a while for them to process and curtail her visa.

She has to apply for Tier 2 general from home country anyway.

Her clock towards ILR will reset to zero and she won't be able to apply in 2018.
Char (CR001 not Casa)
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kindhitman
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Posts: 4
Joined: Mon Jul 17, 2017 10:18 am

Re: UK Dependant Tier 2 to work permit(post DIVORCE)

Post by kindhitman » Mon Jul 24, 2017 9:04 pm

Thank you for your response, appreciate it.

Do you know roughly how long will it take for HO to send her a request to leave/arrange for alternative visa, once I notify HO?

Also how much time does HO give to arrange for alternate visa/leave?

Many thanks

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CR001
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Re: UK Dependant Tier 2 to work permit(post DIVORCE)

Post by CR001 » Mon Jul 24, 2017 9:14 pm

It can take a few months and you will not be kept up to date of what is happening.
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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