Divorce on FLR

It was suggested here:  newcomer link: http://talk.uk-yankee.com/index.php?topic=23947.0 [nonactive] that I post my issue on this board instead of the Welcome Wagon in hopes of getting a few answers:

In searching for information on getting divorced in the UK, I came across this website.....I wish I would have found it long ago!!  It would have saved me a lot of time.

In short, I came to the UK last year from the US and married my lovely (at the time) husband.  Now, not even a year into it, things have gone south.  It hasn't gotten nasty by any means, but a mutual agreement that we just aren't for eachother.  I feel like such a fool at times for changing everything about my life to be with someone that I thought I loved....well...actually....I've felt like a fool for the past month. 

My situation now is that I'm not quite sure what to do.  I've read on here that a divorce in the UK requires a two year separation period (unless there has been adultery committed by either party...which is not the case in my situation), but I have fixed leave to remain.  How would this two year separation period work with less that two years left on my resident permit?  I really want to stay in the UK...I love living here.  Obviously if we go through the two year separation period, I will not be able to apply for indefinite leave to remain since we won't be together anymore. 

I've tried to find information on the Home Office website for situations like mine, but have come up empty handed.  I do have a job, and if it came down to it I would be able to get a work permit through them.  But if I went that route, would I have to go back to the US and apply for the work permit and then come back?

Can anyone help me out with any information that might help me? 

For the divorce based upon 2 years sep with consent, or 5 years without consent, you don't have to be in the UK as long as one of the couple is normally resident here when they file.

For the WP, it is possible to switch into a WP if your sponsor is successful with the application.  They just fill out a WP1 and send it to Sheffield and that's that.  Based upon a divorce in the probationary period and a switch to WP status, there's an outside chance IND might look for a sham when you go for an IED; but if there wasn't one, there's nothing to worry about.

If you separate before securing a different status, make sure that it's a *trial* separation.

Hope that helps.

You can apply for your divorce on unreasonable behavior grounds you have to give at least 10 reasons whey the marriage has broken down it does not have to be adultery or abuse, it could be he made you feel bad about yourself with held money from you was unreasonable in the way he treated you and the things he expected of you.

I got my divorce in 3 months no problem.

If the issues are not to serious and if there are still feelings there is there anyway you could go to talk to someone together and work through the problems may be talking to someone neutral you might find what it was you both feel you lost, If you went through what others here did and the worry sometimes when you get to the end what you wanted and fought to get has its shine taken off it abit and the trick is to re capture it and start enjoying again, I am no expert on relationships but if you do have something still its a shame to go through all of this and then separate.


I wish you all the best and hope that what ever the outcome is you are happy and get the support to see you through it.


Sonya

You really should apply for the work permit before the divorce proceedings begin.  If you are seperated, then your leave to remain as a spouse is no longer valid, and you are liable for removal.  In practice, this won't happen, but if you apply for any other visa in the future it may be noted, so you should change your status as soon as possible.

What is the job?  ARe you sure that you qualify for a work permit?

Victoria