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Topic: Separation on a Marriage Visa  (Read 313 times)

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  • American Mutt
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Separation on a Marriage Visa
« on: February 19, 2017, 01:56:10 PM »
My husband and I married in May 2012 and I applied for FLR(M) in October 2012. Permission for FLR(M) was granted in February 2013 for the first 30 months. Permission for the second 30 months was granted in Sept 2015.

We are considering a possible separation.

From my understanding I would have to leave the UK and reapply under a work visa if I wanted to continue to stay in the UK.

Is this correct?

At what point am I eligible for ILR? Is this from when I first applied (Oct 2012, meaning I'd get ILR in Oct 2017) or from the point at which the second 30 months was granted (Sept 2015, meaning ILR would be Apr 2018)?

If we started separation proceedings at what point does my visa become invalid? As soon as we start proceedings, or when they are official?

If we start proceedings before I get ILR, will I be denied ILR?

I have my whole life here in the UK and neither of us want me to have to leave all of it behind, so we are trying to figure out the best way to go about this so I ideally don't have to leave the UK for any length of time.

Any advice would be helpful. Thank you for your time.


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Re: Separation on a Marriage Visa
« Reply #1 on: February 19, 2017, 02:08:37 PM »
Five years from the date of your FLR(M), you'll be eligible for ILR.  So February 2018.

Unfortunately if the marriage has broken down, you won't be able to apply for ILR.  Technically you are supposed to leave the U.K. when the marriage has broken down.  He can report the breakdown at anytime (and legally he should once he knows the relationship is irretrievable), so you are relying on him right now, unfortunately.

A lot will depend on the future.  Are you still living together?  Do you have any children?  Would your work sponsor you?  Any chance you guys can work things out?

Big hugs.  A relationship ending is so hard without worries on what will happen to your visa status.   :-\\\\


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  • American Mutt
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Re: Separation on a Marriage Visa
« Reply #2 on: February 19, 2017, 02:17:39 PM »
We still live together, we have no children, and we are attending counselling to try to work things out.

So this isn't something that will be happening tomorrow, but I do need to know where I stand if it doesn't work out.

I work as a veterinary surgeon here in the UK. I think my employer would sponsor me. What would that involve for them? If they did sponsor me, would I still need to leave the UK to reapply under Tier 2? If so, what timescale would be expected from re-applying?

Thank you for your advice, it's must appreciated.


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Re: Separation on a Marriage Visa
« Reply #3 on: February 19, 2017, 02:42:16 PM »
No, you could apply for the Tier 2 in country.  No need to apply from the US.

Your employer would need to hold a sponsorship license.  Likely just depends on how large the organisation is if they currently hold one or not.  Tier 2's are tough.  But not impossible.

Sounds like you guys have a lot of love and respect for one another.  Hopefully counselling will get you guys back on track.   :)


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