What do I do - Leave to remain - divorce

[Scareddad]

Hello,

My partner has leave to remain currently and I'm a citizen.

The marriage is breaking down and we have two small children. I don't want her to leave the country as I think it's important for the kids that we are both within reach, but I can't afford to run two households and it's not in the childrens best interests to leave the country

If we split up is she likely to be asked to leave as she can't meet the 18,6k financial requirement? Would her circumstances be looked at differently?

Pretty scared of what will happen as I can't go on living like this, I don't want to loose my kids and I don't want them to loose their mum or their dad

Thanks

[CR001]

You are required to inform HO that your marriage is no longer subsisting in the prescribed form, link below. Your spouse's visa will be curtailed/cancelled.

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

She should look into applying for FLR(FP) 10 year Parent route, which does not require a minimum income as far as I understand.

How long has she been in the UK?

When does her current visa expire?

[Scareddad]

Thanks for the reply. She has been here since 2011, and has just under 2 years left on her visa.

Will the 10 years start from when the visa type changes or does any continuous period of legal stay count?

[CR001]

Thanks for the reply. She has been here since 2011, and has just under 2 years left on her visa.

Will the 10 years start from when the visa type changes or does any continuous period of legal stay count?

1. What is her full immigration history including visa start dates and end dates?

2. The visa will start from the date of approval and that will be the start of the qualifying period (unless she meets the 10 years long residence Set(LR) requirements when she reaches 2021).