Switching from Spouse visa (FLRM) to Parental Visa

[ashb88]

My husband and I are currently in the process of separating. He is on a spouse visa on the 5 year route. We have 2 British children together. I'm aware that he can switch to a parent visa, but I have a few questions, if anybody could help please
- How long does he have to gather docs and apply as a parent once I notify the home office of our seperation?
- We have agreed that he has access and will have the children every other weekend and he has already started paying maintenance, however he doesn't drive and therefor responsibility for doctors, childcare, etc is usually handled by me. Is a separation agreement, confirming his access and responsibility for the children sufficient or will he need further evidence? I have listed him as emergency contact, etc with our childcare.
- He is also just going into salaried employment, after a stretch of being self employed (low-income freelance). He will not immediately meet the financial requirement as his increased salary will only be effective from this month. Will this mean he goes to the 10 year route or will he remain on 5 years due to applying as a parent? The website is somewhat confusing.
Quote: "You may be able to settle in 5 years without meeting the minimum income requirement if either: you’re applying as a parent" Unquote.
- Since he won't meet the financial requirement he has to show he has somewhere to live, and he will not "recourse to public funds". Will a letter from his friend/ landlord confirming that "he is able to stay in his property at a reduced amount of X" be sufficient? Will he need photos or anything as he is sharing a 2 bedroom flat with one other man.
- Finally, he will have been in the country for 5 years in March. If he can stay on the 5 year route, will he be able to apply for ILR in March or will he need to wait until "28 days" before his next Parent visa expire (2 years and 4 months roughly).

I really appreciate your help.
Our marriage may have been rocky but husband and I are parting on good terms and I just want to make things as stress-free and painless as possible for all involved, and ensure that my children have access to their father.

[ashb88]

Bump

[Bimbola]

Oh I'm sorry I can't help with this issue my friend, as I've got similar questions that need answering.

I applied for second half (to complete the 5-year route) of spouse visa about two years ago and instead of declining me I got family visa.

This is because I was on maternity leave at the time and not earning anything, hubby was not earning enough as well. However we have two British children and this is why I'm sure the visa was changed instead of outright refusal.

Now I am back to full time work and can apply on my own without hubby. I wonder if I could get back on the spouse visa ladder, as continuing with the family thing would mean another 7.5yrs. I wouldn't mind starting the spouse visa over again, if the initial 2.5yrs don't count anymore...at least that would mean 5yrs to go till I can apply for indefinite instead of 7.5yrs.
Any advise would be well appreciated please, thank you

[Casa]

Oh I'm sorry I can't help with this issue my friend, as I've got similar questions that need answering.

I applied for second half (to complete the 5-year route) of spouse visa about two years ago and instead of declining me I got family visa.

This is because I was on maternity leave at the time and not earning anything, hubby was not earning enough as well. However we have two British children and this is why I'm sure the visa was changed instead of outright refusal.

Now I am back to full time work and can apply on my own without hubby. I wonder if I could get back on the spouse visa ladder, as continuing with the family thing would mean another 7.5yrs. I wouldn't mind starting the spouse visa over again, if the initial 2.5yrs don't count anymore...at least that would mean 5yrs to go till I can apply for indefinite instead of 7.5yrs.
Any advise would be well appreciated please, thank you

If you are unable to advise on ashb88's situation, please open your own topic and post your questions there. Tagging onto another member's thread is not only unfair, but it also leads to confusion for anyone trying to give advice. Also your situation is quite different.

[Bimbola]

Oh I'm sorry I can't help with this issue my friend, as I've got similar questions that need answering.

I applied for second half (to complete the 5-year route) of spouse visa about two years ago and instead of declining me I got family visa.

This is because I was on maternity leave at the time and not earning anything, hubby was not earning enough as well. However we have two British children and this is why I'm sure the visa was changed instead of outright refusal.

Now I am back to full time work and can apply on my own without hubby. I wonder if I could get back on the spouse visa ladder, as continuing with the family thing would mean another 7.5yrs. I wouldn't mind starting the spouse visa over again, if the initial 2.5yrs don't count anymore...at least that would mean 5yrs to go till I can apply for indefinite instead of 7.5yrs.
Any advise would be well appreciated please, thank you

If you are unable to advise on ashb88's situation, please open your own topic and post your questions there. Tagging onto another member's thread is not only unfair, but it also leads to confusion for anyone trying to give advice. Also your situation is quite different.

I'm so sorry about that, please ignore me. I didn't quite think it through, kindly delete post. Thank you