Author Topic: Separating from spouse on a settlement visa..  (Read 2834 times)

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Offline windupbird

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Separating from spouse on a settlement visa..
« on: August 18, 2013, 05:35:51 PM »
I have no idea where to put this, so I am sorry if it's in the wrong place..

I have been married to my husband since December 2010, and I thought at first that we were an amazing couple (like most everyone!), and that we would make it.. But of course, it isn't perfect. There have been some tough times- arguments, me getting frustrated with him because he doesn't listen nor *speaks* to me about things, such as being honest about his feelings, him getting embarrassed by me in public when I try to discuss about interesting academic topics I had been studying just the day or so in university and therefore, attempts to shut me up by facing the other way and ignoring me, lying...

However, the BIGGEST issue of all is when I found some explicit pictures of several different women on his laptop, and when I confronted him about it, he lied, of course. And a very ridiculous lie at that; and I cannot believe he actually thought I was stupid enough to believe it. He says he never cheated, but I really find that hard to believe now, especially when he's in the Royal Navy and away often..

There are some other issues that I'm having with this.. and things that I accept, as well, such as him not getting what he needs with me and vice versa..

If we were to separate, would this look bad to the UKBA, considering I only got my settlement visa last December?

I appreciate any advice.
"Happiness is not a matter of intensity but of balance, order, rhythm and harmony." -Thomas Merton

"All that we are is the result of what we have thought. The mind is everything. What we think we become." -Buddha

Online ksand24

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Re: Separating from spouse on a settlement visa..
« Reply #1 on: August 19, 2013, 12:09:57 AM »
If you separate, and it's on a permanent basis (i.e. not just a trial separation as you try to work things out), your husband is (or you are) legally obliged to contact UKBA to inform them of the breakdown of the relationship.

As your visa is dependent on your relationship being subsisting, if you have separated permanently, then UKBA will most likely cancel your visa and you will have to return to the US... unless you can qualify to stay in the UK under a different visa category (i.e. a work or student visa).

See here: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/relationship-ends/

Offline mariposa

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Re: Separating from spouse on a settlement visa..
« Reply #2 on: August 20, 2013, 11:41:52 PM »
If we were to separate, would this look bad to the UKBA, considering I only got my settlement visa last December?

Is the settlement visa you got last December FLR, or ILR? 

Offline windupbird

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Re: Separating from spouse on a settlement visa..
« Reply #3 on: August 21, 2013, 01:05:06 AM »
It's ILR. And, thank you for the replies.

I think we're going to try and work through this, hopefully.
"Happiness is not a matter of intensity but of balance, order, rhythm and harmony." -Thomas Merton

"All that we are is the result of what we have thought. The mind is everything. What we think we become." -Buddha

Offline mariposa

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Re: Separating from spouse on a settlement visa..
« Reply #4 on: August 21, 2013, 04:55:59 AM »
This thread addresses ILR and marital breakdown a bit:
http://talk.uk-yankee.com/index.php?topic=80765.0;topicseen
Yes, once ILR has been granted, it doesn't matter if the couple separate or split up permanently - the ILR holder is legally allowed to stay in the UK regardless.

The only affect the breakdown of the relationship will have is that they will not be able to qualify for citizenship after 3 years in the UK (because that is only for people married to and in a subsisting relationship with a UK citizen)... they will have to wait until they have been in the UK for 5 years.