Divorce on Tier 2 ICT staff partner visa

Hello!
Hope all is well with everyone!

I moved here with my husband( moved for his job) in december 2018 on a tier 2 ICT partner visa. My visa allowed me to work here in the UK.

Quick rundown:
-Love my job and the people I have met here
-Love London and want to stay here
-Husband and I are not working out and are getting a divorce
-met someone here who I would like to start a relationship with (please don’t judge)
- husband planning on moving back to the states by the end of the year

What are my options?
Can I switch visas?
Can I ask my company to sponsor me?
Do I have to go home in between visas?
What is the best route?

Thank you so much!

Options:

1.  Get a Tier 2 visa yourself from your employer to sponsor you.  You will either need to be in a skills shortage position or pass the Resident Labour Market Test proving that your company could not hire a UK National or EU national for the role (that's posted for 28 days).  There is also a minimum salary that must be earned depending on your role.  Your company will need to hold a sponsorship license to go this route.

2.  Once you are divorced, you can marry your new partner.  You'll have to do the long distance thing and be in the USA while you await the divorce and marry and reapply, which will likely time some time.

Your estranged husband is required to notify the Home Office that the relationship has broken down and you'll likely be issued a curtailment of leave letter after that happens.  I think you have 60 days to leave or get a new visa, if I recall correctly.

Best of luck, I hope it all works out for you. 

Thank you so much! This is such a crazy emotional situation.

If I were able to go with option 1, Do you know if I would have to go home for a Cooling off period before between my current visa and the new visa from my work (should they decide to sponsor me)Or can you go straight from one visa type to another without going home? Would I be able to handle all things divorce related over here or do I need to go home for that?

Thanks again!

Thank you so much! This is such a crazy emotional situation.

If I were able to go with option 1, Do you know if I would have to go home for a Cooling off period before between my current visa and the new visa from my work (should they decide to sponsor me)Or can you go straight from one visa type to another without going home? Would I be able to handle all things divorce related over here or do I need to go home for that?

Thanks again!

No cooling off as you are a PBS dependent. You would need a restricted CoS, which are allocated once a month (I think it's on the 11th?). You would need to pass the RLMT or have your job on the shortage list. This is for entry clearance (so would need to be applied for in the US).

Not sure how the divorce stuff works - sorry!

Sorry everything is so up in the air, LostExPat. I hope it all works out for you, the way you hope for. 

Thank you so much! This is such a crazy emotional situation.

If I were able to go with option 1, Do you know if I would have to go home for a Cooling off period before between my current visa and the new visa from my work (should they decide to sponsor me)Or can you go straight from one visa type to another without going home? Would I be able to handle all things divorce related over here or do I need to go home for that?

Thanks again!

Basically you are going to have to go back to the USA for at least a few months at some point.  Either to apply for a Tier 2 in your own right or a spouse visa if you decide to marry your new partner.

Your current visa is tied to your current spouse.  As that relationship has broken down, you aren't allowed to remain in the UK (once notified of leave curtailment from the Home Office).

It's a bit harsh, but everything is tied to your spouse.  Depending on how amicable the breakup is, if he/she has already reported the breakdown of the relationship, you'll have to return to the US sooner rather than later...

Thank you for the info!! Very helpful!

You will either need to be in a skills shortage position or pass the Resident Labour Market Test proving that your company could not hire a UK National or EU national for the role (that's posted for 28 days). 

Or find any other applicant who wants the job and who is allowed to work in the UK e.g dependants of somebody on a point based visa;  those on a non-points based visa: dependants of those on a non-points based visa; non EEA citizens who are in the UK as family members of an EEA citizens or on any other EEA rule etc.

Plus only some types of jobs are deemed skilled enough for sponsorship.
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work

https://www.gov.uk/tier-2-general/eligibility

Your estranged husband is required to notify the Home Office that the relationship has broken down and you'll likely be issued a curtailment of leave letter after that happens.  I think you have 60 days to leave or get a new visa, if I recall correctly.

60 days from the date of the curtailment letter and that letter might take a while to arrive.  Make sure you have kept UKVI up to date with your latest address as a curtailment letter is sent to the address UKVI has for you.

If your visa does not have long to the expiry date, they won't send a curtailment letter as you wil be expected to leave when your visa ends:  or expected to leave when your spouse (the holder of the Tier 2 ICT visa) leaves the UK.