Withdrawing spouse visa sponsorship

Hello,

As with most of these posts this has come at a very difficult time. I seek the advise of those who maybe in the know.

I am a dual citizen (USA,UK) but English by birth. My wife (USA citizen) and I moved back to the UK with our 3 children (UK and USA citizens). She is currently on a spouse visa which I am the sponsor.

I recently found out my wife is cheating on me. I confronted her and told her that I am moving back to the States. She told me to go ahead but the children would be staying with her here.

All of our extended family live in the states as I moved there when I was very young. All I want to do is move back and be with my family during this traumatic time but I do not know what rights I have. I do not want to be without my children but staying in the UK is killing me.

Can I withdraw my sponsorship of my wife and make her move back? I know we'll never be together again but I do not want her or myself to be 5000 miles apart from our children. She is adamant that she will fight to stay (to be with her lover) and that the children will stay with her.

I know it's a total mess and I'm struggling to keep it together. Can she stay without my sponsorship? Can I take our children back to the states?

Thank you for any information or advice you can offer.

Sorry to hear about your relationship .

Unless your wife has ILR (Indefinite Leave to Remain), the validity of her spousal visa and her right to live in the UK are dependent on her being in a subsisting relationship with you. If you are no longer together and you are moving back to the US, then she can no longer legally live in the UK either.

So if the relationship has permanently broken down, it is your legal responsibility to inform UKVI so they can cancel her visa.

They should give her a certain number of days (usually 28 days, I believe) to either apply for a different visa (i.e. a sponsored work visa or a student visa), or to leave the UK completely. If she doesn't apply for another visa or leave within this time she will become an illegal overstayer.

So, in the case that she can't qualify for another visa to stay, the kids will have to go back to the US anyway, because neither you nor your wife will be living in the UK anymore.

See here for how to inform UKVI of the breakdown of your relationship and what will happen after you do:
https://www.gov.uk/visas-when-you-separate-or-divorce

How long have you lived here?  Honestly, I think you'll find she will be able to stay someway or another.

I'm very sorry you are in this situation.

Hi,

I'd suggest you begin to look for a lawyer that's knolwedgeable for both US and UK legal aspects for this kind of situation. Complicating matters somewhat will be elements such as the ages of the kids and they may well also need specialist counselling in order to help them come to terms that you are both (currently) likely to split.

The reason I say this is that in my family circa 1997-9'ish we had a similar situation, a breakdown of a marriage, kids then aged 8 and 6, one US citizen and one UK/US dual nationality and one based in NYC and the other here. A good lawyer was found with experience of situations like this and 'generally' the split went 'alright'. There was an element of nastiness in terms of money, visitation, trying to wrangle the kids to one location or the other etc though.

I can't imagine how it all actually feels, I can only sympathize. If there's no chance of sorting things out, then find out exactly where you stand and all the potential aspects you ask above and more via the lawyers etc asap. At the very least, that will give you the entire picture specific to yours, hers and the kids so that you can make decisions as best as possible.

Good luck,

DtM, West London & Slough UK.

Hi guys,
Sorry I wasn't getting notifications that people were responding.

Can any one advise on the following? I know I need to consult to a lawyer but I'm really low on funds:-[

What are the rules for applying as a parent of a UK citizen? During our last argument she threw at me that she doesn't need my sponsorship and that she'll just apply as a parent of a UK citizen who is settled. Our family have only been in the country 5 years. Doesn't the child have to be living in the UK for 7 yrs before my wife is eligible?

I don't plan on supporting her other than what I have to do legally. She doesn't make the income requirements...

Am I screwed here?

Contact Victoria Sharkey at Medivisas.  She can give you a run down of what options your wife may have to stay in the UK.  I do think she'll probably find a way to stay.

Next step will be contacting a family lawyer in your area.  They should give you a consultation at no cost and give you some further direction.

Thank you for the recommendation KFdancer. I have emailed Victoria.