Divorce for British citizen

[JohnDavid38]

Hello Moderators/all,

[tag me along to different forum if this isnt the right one]

I was married in india when i had Tier2 , now i'm a british citizen and we got couple of kids who are indian and my wife is Indian ( on dependent visa) .

If we need to get divorced, should i be applying it here in UK or back in India? (i'm british and she is Indian and we married in India) and do i need to inform the home office that we are getting seperated?

Please help along these lines.

[CR001]

You can divorce here or in India as long as it is legally recognised.

You are obliged to inform HO, on the prescribed form linked below, that your relationship has broken down and your dependents' visas will be curtailed/cancelled and they will have to leave the UK if they do not qualify for any other visa.

https://www.gov.uk/government/publicati ... nsent-form

How long has your wife been in the UK?

[JohnDavid38]

Thanks for the reply CR001, she has been here for four and a half years. what happens if she is up for renewal and the divorce case goes on?

[CR001]

She won't be able to renew/extend her visa or apply for ILR.

A divorce not being finalised or complete is not sufficient grounds to allow her to stay.

[JohnDavid38]

Thanks a lot CR001. Very helpful. We just felt we are rushing things a bit fast. Could you tell me if we aren't going for a divorce but start to live in separate roofs, I suppose she will not be able to claim ILR because we didnt complete 5 years of togetherness. Is that correct ?

Is there any other way she would be able to get her stay extended ? Say kids are here for two years .. can she apply a British passport based on it ? Or apply for a work permit ?

What would happen in and of her visa period ? Also if we started to live separately, I suppose I need to notify home office ?

Finally, my assumption is that I need to get involved for any visa / British passport applications for all of my dependants. Is that correct?

Sorry for many questions. We have been going through a lot.

Appreciate your help on this.

[CR001]

Thanks a lot CR001. Very helpful. We just felt we are rushing things a bit fast. Could you tell me if we aren't going for a divorce but start to live in separate roofs, I suppose she will not be able to claim ILR because we didnt complete 5 years of togetherness. Is that correct ?

Correct.

Is there any other way she would be able to get her stay extended ? Say kids are here for two years .. can she apply a British passport based on it ? Or apply for a work permit ?

She can't 'get a British passport' based on kids who have only lived in the UK for 2 years. That route re kids is a more complicated route as they have not lived in the UK long. Work permit is she qualifies yes, she would have to apply from home country.

What would happen in and of her visa period ? Also if we started to live separately, I suppose I need to notify home office ?

You as the sponsor are required to inform HO that the relationship has broken down. I have already provided you with the link.

Finally, my assumption is that I need to get involved for any visa / British passport applications for all of my dependants. Is that correct?

Yes. In order for your wife and kids to apply for ILR, they need you to sign the forms and provide your passport etc.

I really would urge you to think about this very carefully especially as you have children. If she has been in the UK on as a dependent for 4.5 years, she has 5 months to go to qualify for ILR.

What date did she get her first dependent visa?

[JohnDavid38]

Thanks a lot CR001, she got it roughly march 2012. I'm keeping a positive mindset about the visas.

[CR001]

Why hasn't she applied for ILR yet? If her visa was granted in March 2012, she only required 2 years residence to qualify for ILR either with you or once yours is granted.