Change of circumstances & Universal Credit

[nowrozkhan]

Hi,
I am a British Citizen and so is my child (10 yrs). His mum is on my dependent visa in UK (non-EEA national partner/wife ETC who has “No Recourse to Public Funds). We have been claiming Universal Credit for last few months.I had to include her in my Universal credit application as part of the process.
Recently, she has decided to get divorced from me and switch her visa as my son's dependent.
Does anyone know what impact will that be on her visa application and also on the universal credit?
Detailed answer will be highly appreciated.
Regards,

[Casa]

At this time of the night this isn't likely to be a detailed answer that you're hoping for. However, which category of visa exactly is your wife intending to apply for?

FLR(FP) Parent route If successful, her immigration 'clock' will be reset to zero, putting her on a new 5 or 10 year path to settlement.

Assuming you have stated that your wife has no recourse to Public funds on the Universal Credit claim and also declared all family income, there shouldn't be any issues.

[nowrozkhan]

Dear Casa,
Thank you very much for your answer. Really helpful.
My (ex)wife is intending to apply for Parent route FLR (FP) (dependant of a British Child).
Does she need to apply 28 days within our divorce?
Also, I'm guessing we need to inform Uni Credit for the change of our circumstances.
Regards.

[Casa]

Dear Casa,
Thank you very much for your answer. Really helpful.
My (ex)wife is intending to apply for Parent route FLR (FP) (dependant of a British Child).
Does she need to apply 28 days within our divorce?
Also, I'm guessing we need to inform Uni Credit for the change of our circumstances.
Regards.

Don't confuse this with an Adult Dependent visa. Your wife will have to show that legally she has either shared or joint responsibility for your child.
From 13 December 2012 applicants who apply for leave to remain in the UK can apply in this
category where they have:
 a joint residence order, or
 evidence of shared custody of a child or children in the UK.

Section 7:
https://www.whatdotheyknow.com/request/ ... 20g....pdf

As soon as you separate and the relationship is no longer subsisting, your wife's current spouse visa will be invalid. Therefore once you are no longer living together she will need to submit a FLR(FP) Parent route application without waiting for the divorce absolute.

You are required to notify the HO that your relationship has broken down.
https://www.gov.uk/government/publicati ... nsent-form

I suggest that you both consult a family law practitioner regarding applying for a Court custody order.

Yes, you will need to notify the Universal Credit office of your change in circumstances.

[nowrozkhan]

Dear Casa,
Thanks for your valuable reply.
She has the sole responsibility of our child, as the child lives with her now.
She is thinking of applying 1st/2nd week of November. As we are still waiting for our divorce paper and they (my ex & our kid) have moved out just today.
Does she need to notify the HO of our relationship break down before she applies for the FLR (FP)?
Regards & thanks for your support.
N.K.

[Casa]

Dear Casa,
Thanks for your valuable reply.
She has the sole responsibility of our child, as the child lives with her now.
She is thinking of applying 1st/2nd week of November. As we are still waiting for our divorce paper and they (my ex & our kid) have moved out just today.
Does she need to notify the HO of our relationship break down before she applies for the FLR (FP)?
Regards & thanks for your support.
N.K.

As your wife's sponsor, you have the responsibility of notifying the Home Office that your relationship is no longer subsisting, in the link I posted in my previous post.

[nowrozkhan]

Dear Casa,
Thanks again for your valuable reply.
My ex wanted to notify the home office by herself after the divorce paper arrives.
Hope that's ok?
Regards,
N.K>

[Casa]

Do you mean the divorce decree absolute?

Although this isn't the right forum for divorce issues, you will need to consider the grounds under which you are divorcing. I'm not going to ask you what those grounds are, but the whole process can take a considerable length of time, especially when there is a child involved.

I'll stress again, that as soon as your relationship has broken down and you are no longer living together, your wife's spouse visa becomes invalid.
1. As the sponsor, YOU are required to notify the HO on the official online form.

2. Your wife needs to submit a FLR(FP) Parent route application in order to continue to have the right to remain here.

[nowrozkhan]

Thanks Casa for your replies.