Post
by Mr Rusty » Mon Dec 05, 2011 8:16 am
You say your husband is applying for PR - does that mean he is an EU national? I am assuming he is not, in view of the other information you have given. In that case, he is applying for Indefinite Leave to Remain (ILR), and my comments are as follows:-
If your husband tells UKBA that your marriage no longer subsists, i.e. you are no longer living together as man and wife, then you don't have any legal basis to return to or live in the UK. Unfortunately, if he has already applied for ILR and omitted you from that application, your right to be in the UK will expire with your visa. As this is within a few weeks, there will be no question of 'cancelling' your visa, simply after it expires you won't have one any more.
If you travel to the UK before your visa expires, you will be in a difficult situation. When you arrive, if you tell the IO the truth, or the IO is otherwise aware that your marriage no longer subsists, you would probably have your visa cancelled, be refused entry and put on a plane back to India. If you are admitted because the IO thinks you are re-joining your husband, you would then have to make an application for Leave to Remain, but would have no real basis for doing so, and would probably be refused. If you stay without applying, you would become an overstayer, liable to arrest and removal without any right of appeal. You could also be classed as an illegal entrant by deception, although this would give you a right of appeal.
If you have children in the UK, my advice would be to return there as soon as possible, before your visa expires. If you were refused entry you would have a right of appeal and you should then take expert legal advice. If you don't have children in the UK, it's up to you what you do, but if you do go back it's anybody's guess how long you would succeed in staying there unless you can persuade your husband to take you back.
One thing looks certain:- if your husband hasn't included you with his application for Leave to remain, you won't be able to travel to the UK once your visa expires.
Just as an edit, I would say that you should prepare for extensive enquiries to be made when you arrive, because the IO will wonder why somebody has been away for several months and is coming back just before their visa expires. I'm sorry, but your situation doesn't look very good.
