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Spouse visa extension on Separation/Divorce

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Irinarus1981
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Posts: 4
Joined: Mon Jul 24, 2017 11:13 am

Spouse visa extension on Separation/Divorce

Post by Irinarus1981 » Mon Jul 24, 2017 2:43 pm

I have been looking for similar situations and couldn't find any threads on it.
My husband is British with dual citizenship. We have been married for 10 years and moved in UK in 2015. I am on spouse visa [5 yrs] from Dec 2015, and next extension is due May 2018.
We have had difficulties in our relationship and there is a possibility of a separation/divorce.
I am working part-time with annual net income of 12,500, he makes 5 times more than that.
We also have a 11 y/o son (on dependent visa). What are my options in case of divorce? Could I extend my visa as parent of a child settled in Uk and keep almost 2 years living here towards 5 years in Uk?
If he agrees to pay child/spouse support, could I use it towards required 18600 to qualify for 5 yrs route?
Any other options?
Many thanks,

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa extension on Separation/Divorce

Post by Obie » Mon Jul 24, 2017 2:47 pm

If you decide to move to the parent route, there is no minimum earning test. The 12,500 you earn should be more than sufficient, although you may have to spend a further 60 months on that route. Assuming that the child is a British of course.
Smooth seas do not make skilful sailors

Irinarus1981
Newly Registered
Posts: 4
Joined: Mon Jul 24, 2017 11:13 am

Re: Spouse visa extension on Separation/Divorce

Post by Irinarus1981 » Mon Jul 24, 2017 2:54 pm

Thank you for a quick reply. The child is on dependent visa, due for extension in May 2018.
A father would extend it without a doubt. If separated but not divorced, could I keep spouse visa?

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