Can I stay in the UK while waiting for my divorce to finalise?

[wwz]

Hi,
I am very sorry for what you are experiencing, I understand how hard it can be. My British partner and I are also about to go through a divorce as it has come to a point that there is no trust left between us. There have been verbal and physical abuses when he can't control his own temper, there were times I got thrown at things on my face, and once he just simply went mad and had his hands around my throat. I have never reported any as he tends just calm down after a day or two, but as I said there is not much left to go on. I am on the second stage of my FLM (5 year route) and am doing well at work, now I am not sure what happens next, and what options do I have to continue staying and progressing. I have been living in the UK since 2008, but went home for a year in 2011 to look after my father. So I am not sure if I can still apply for settlement as was away for more than 180 days that year.

He has threaten me to sign for the divorce paper or he won't pay the money that he's borrowed from me for the last 3 years. I only have a couple of transactions as proof, mostly were all cash I handed to him. Some times I think there might not be much point to stay as too many bad memories. However, I need the money to start my life again wherever I decide to go or stay. At least I will have a fighting chance to get my money back if I have the option to stay. What should I do?

[Casa]

You need to report the abuse to your GP and/or the police as you will need this evidence to submit a SET(DV) application to remain in the UK.

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

Where is your home country?

[wwz]

Hi, I wonder if you could help me clarify my situation. I have been living/studying/working in the UK since July 2008, it is coming up 10 year's mark in July this year. I will like to apply for SET(LR) to settle in the UK. However, I traveled back to my home country between 2011 and 2012 (on the fourth year) to look after my father as he had heart surgery. My each absence is less than 180 days, but they are within 12 month period.

November 2011-April 2012 (160 days)
May 2012-November 2012 (175 days)
p.s. On the requirements shown on GOV, it says no more than 180 days in each absence, but didn't not say if it means within 12 months a swell?

Due to the long absence in 2012, it also put my total absence days to 555, that including paid 5 weeks annual leave (I normally went home 3-4 weeks for holiday) every year from my work. I don't know if paid annual leaves should be included in the absences?

Thank you for your time in advance.

[wwz]

Hi, I wonder if you could help me clarify my situation. I have been living/studying/working in the UK since July 2008, it is coming up 10 year's mark in July this year (I am currently holding my second period of Spouse Visa FLR, which is valid until June 2019). Nevertheless, I am wondering if I could apply for SET(LR) based on 10 year long residence route this year. My concern is that I went back to my home country between 2011 and 2012 (two trips made within 12 months) to look after my father. Although my each absence is less than 180 days, they are within 12 month period. Following are the dates/length:
November 2011-April 2012 (160 days)
May 2012-November 2012 (175 days)

My questions are:
1. The requirements shown on government website, it only says no more than 180 days in each absence, but some other websites mention about no more than 180 days within 12 months, am I still eligible to apply SET(LR) after I was out for more than 180 days within a year?
2. Due to the long absence in 2012, it also put my total absence to 555 days. However, it includes 3-4 weeks paid annual leave from my work, which I always took holiday back my home country. I don't know if paid annual leaves are included in the absences (they are around total of 15 weeks in the last 5 years)?
3. Also, there were also company work-related training (in our branches in Europe) I had to take, it amounts to about 35 days in the last two years, are they also calculated as absence?

Thank you for your time in advance.

[wwz]

Hi,

I am a non-EEA nationality and have married to a British citizen for over 4 years now. I am currently under spouse visa which will be valid till June 2019. Our relationship is breaking down, and soon I know we will be looking into divorce.

My question are:
1. In which stage do I inform Home Office if we are going through a divorce? After filing for divorce online or until it is finalised?
2. Can I stay in the UK during the divorce process? I have had a look online it says it might take 6-12 months to get the divorce finalised, what happened if my visa expires before the divorce is finalised?

I do need time to for handing over at work as a manger and have been working for the same firm for quite some time, I also need to prepare for the move as have been in the country for over 10 years. I am concerned that if he decides to file for the divorce very close to the deadline of my spouse visa, it will leave me not much time.

I will be very much appreciated if anyone has the knowledge or experience can provide me some advises.
Thank you.

[vinny]

You may remain until your leave expires or is curtailed.

If you have legally been in the UK for at least ten continuous years, then apply for ILR under Long residence.

You may be okay with no single absence longer than six months and total absence less than 18 months.

[vinny]

Posts merged.

[secret.simon]

I have merged your standalone posts into one thread so that we can give you better advice based on your circumstances.

The requirements for ILR(LR) are that you should not have been absent from the UK for more than 180 days at a stretch. If you returned to the UK and left again, you are OK.

Due to the long absence in 2012, it also put my total absence days to 555, that including paid 5 weeks annual leave (I normally went home 3-4 weeks for holiday) every year from my work. I don't know if paid annual leaves should be included in the absences?

ALL absences from the UK (paid leave, unpaid leave, business trips, etc) are counted for the purpose of ILR(LR).

If your TOTAL absences are just above 540 days, there may be a case for the caseworker to exercise discretion and give you further leave to remain outside the Rules. Make sure you include documentation of your father's illness in the ILR(LR) application. See Pages 10 & 11 of the Long Residence Guidance.

EDIT: Apologies for doing the merging while you were also at work on this thread, vinny.

[vinny]

That's okay secret.simon.

SET(DV) may be another option.

[wwz]

Thank you, both.

Sorry, I am not so clear about what you meant 'curtailed', does that mean I need to apply for different visa/document when it is close to pass my leave expiry date? Or do I just wait? Wouldn't that be a problem if I finally leave the UK without a valid Leave to Remain visa? Again, in what stage do I inform Home Office? After I file online or until the divorce is finalised?

Thank you Simon, I made a detailed list of the absence dates/duration, it is total of 548 days. I have sent some requests to find out if I have any chance to apply ILR (Long residence).Few said it is not possible and gave me some information that was even more confusing. Those said it is possible to apply, they want 2-3k charge on top of the application.

Thank you, Vinny, for the advise and options I could have. However, I have never reported the incidents, only able to talk about it with closed friends recently. I just want to prepare myself and make sure I am safe to leave when the time comes.

[CR001]

If HO curtail your visa, you must leave by the new expiry date you are given OR apply for a visa you believe you qualify for.

Your court/divorce process is irrelevant to this.

[wwz]

So my visa expiry date will be the last day I need to leave the UK even if the divorce process just started? And it is possible that my visa could be shorten than June 2019 if I notify HO after I file the divorce in the next couple of months?

[CR001]

So my visa expiry date will be the last day I need to leave the UK even if the divorce process just started?

Yes.

And it is possible that my visa could be shorten than June 2019 if I notify HO after I file the divorce in the next couple of months?

Yes, it will be shortened to 60 days validity If your visa is valid valid for longer than 60 days at present.

HO should be notified once the relationship ceases to subsist and you are no longer together. The divorce is a separate non related issue to your immigration status.

[wwz]

Thank you very much for the information.