Spouse Visa.

[Habib2341]

Hello,

A member of my family recently got married abroad and brought his wife over . Unfortunately the relationship broke down within six months for various reasons and she is now living with her extended family. I don’t know the finer details but I understand she was brought into the UK on a spouse visa which required my family member to sponsor her through his earnings. However due to his relationship breaking down, he lost his job and is now relying on our mother’s income to support himself whilst he looks for work again. What are the implications for the wife who is now living in the UK ? How long does a spouse visa last and what will happen if it isn’t renewed ?

Many thanks,

Habib.

[Casa]

The initial Spouse Settlement visa would have been issued for a period of 33 months.

If the relationship has broken down and your family member is separated from his wife, he is required to notify the Home Office by submitting the two forms in the link below.
https://www.gov.uk/government/publicati ... nsent-form

[Habib2341]

Ok this is helping me to form a picture...

They married abroad in February 2016 but he brought his wife into the UK in July 2016. Assuming the spouse visa started from that date, by my calculations the spouse visa will expire in April 2019 ( 33 months from July 2016- please correct me if I'm wrong ).

Am I right in assuming that if she doesn't reconcile with him by April 2019 and the visa is not renewed-does she become at this stage an illegal immigrant . What are the implications for her if she stays on beyond the end of her visa and hasn't gone back to him ? What are the implications for my brother he is effectively responsible for bringing her into the country - is he breaking any law ?

this is a huge mess that has to be sorted out asap..

thanks,

habib.

[Casa]

Ok this is helping me to form a picture...

They married abroad in February 2016 but he brought his wife into the UK in July 2016. Assuming the spouse visa started from that date, by my calculations the spouse visa will expire in April 2019 ( 33 months from July 2016- please correct me if I'm wrong ).

Am I right in assuming that if she doesn't reconcile with him by April 2019 and the visa is not renewed-does she become at this stage an illegal immigrant . What are the implications for her if she stays on beyond the end of her visa and hasn't gone back to him ? What are the implications for my brother he is effectively responsible for bringing her into the country - is he breaking any law ?

this is a huge mess that has to be sorted out asap..

thanks,

habib.

Technically, if she has left the marital home she is not complying with the terms of her spouse visa and this is now invalid. The HO may or may not take action to remove her from the UK, but in any event without the support of her husband she will be unable to apply for FLR(M) when her current visa expires. She would then be an overstayer without any legal right to remain in the UK as a spouse.

There are no implications on your family member, but in order to discharge any responsibility he is required to submit the forms in the link I posted previously. Unless of course there's a chance of reconciliation?

[Habib2341]

well I think reconciliation is what they are working on....but this thread has been most informative for me so thanks for the input...its up to him how he wants things to go...I can only do so much....

thanks for your advice -much appreciated.

[Casa]

If the reconciliation looks promising, he should hold off on sending the forms as this would over-complicate a FLR(M) application later on if they mend their relationship in the meantime.