PBS Dependent and Divorce

[nshan]

Thank you in advance for your help.

I am a PBS dependant (Tier 2) and my husband working in the UK in a senior position at the multinational firm. We are getting the divorce due to domestic violence and I have a 5 years old son. I am at the moment applying for divorce in the UK (we are from Taiwan but living here 3 years). I am thinking about applying for FLR (IR) while my divorce in process. My current PBS visa expiring in 2020 but I was wondering if I am taking the correct route? and what my possible options after 2020? I am really confused at the moment and any help would be great!

[CR001]

On what basis are you applying for FLR FP??

[nshan]

On what basis are you applying for FLR FP??

Hi there,

I am thinking about applying for FLR (IR), I am not sure if it the right category. My son starting school in the UK and I have 2 more years visa as PBS Dependant. I am starting my divorce application in the UK. I was reading gov website that I need to inform Home Office once I am separated but I am thinking for FLR IR because of the domestic violence. I am also doing my research on other categories.

[CR001]

Once you separate and divorce, your visa will be cancelled/curtailed by HO once notification of the break up is sent. The domestic violence route, as far as I understand, is only available to a spouse of a British citizen or ILR holder and not PBS dependents.

[nshan]

Once you separate and divorce, your visa will be cancelled/curtailed by HO once notification of the break up is sent. The domestic violence route, as far as I understand, is only available to a spouse of a British citizen or ILR holder and not PBS dependents.

Thank you so much for the clarification. If I am launching my divorce case in the UK do you think I can stay here until everything concluded? or is there any other application I can make to Home Office for this?

[CR001]

If HO curtail your visa to 60 days you need to either leave by the new expiry date or submit an application you qualify for. I can't see that you qualify for any based on what you state as you have been in the UK for a short time and your son does not appear to be UK born having only lived here for 3 years.

Any other visa you apply for with your son, your husband has to give consent for the child.

Whether you have a pending divorce case is irrelevant.

[nshan]

If HO curtail your visa to 60 days you need to either leave by the new expiry date or submit an application you qualify for. I can't see that you qualify for any based on what you state as you have been in the UK for a short time and your son does not appear to be UK born having only lived here for 3 years.

Any other visa you apply for with your son, your husband has to give consent for the child.

Whether you have a pending divorce case is irrelevant.

Thank you so much for your help. I am also considering a Tier 4 visa for my child, he already has an offer but it is a public school. I understand he needs to go to private school. I might consider that option as well.

Thank you again for taking the time to answer my questions.