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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello there, my name is XXXXX XXXXX from columbia. I am a young

Customer Question

Hello there, my name is XXXXX XXXXX from columbia. I am a young lady that got married to a british citizen two years ago and my spousal visa(temporary leave to remain) expires in december 2011. in addition, i just finished my post graduate studies this year.

However, my marriage is seriously falling apart due to constant emotional abuse from my husband. it used to be both physical and emotional but the physical has stopped but the emotional continues which is seriously making me think of quitting the marriage due to serious depression.

Now my issue is this:since i came into the uk with a spousal visa, what are my chances of staying on in the uk if i decide not to continue to stay in the marriage? I have a life here now and a good job i love. what about the post study path, can it be pursued?
Thank you
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Is you employer willing to sponsor you as a tier 2 sponsored skilled worker please

Kind regards.

Tom

Customer: replied 3 years ago.
I have not asked my employer about that. But is that a possibility? How does it work?
Expert:  Thomas replied 3 years ago.

 

Hi,

 

Thanks for your reply.

 

I'm afraid that if your husband will not support your application for ILR then applying is not a possibility.

 

If there were incidents of physical violence/threats of vioance you may be able to make an application for ILR on this basis. The basic requirements are:-

 

You would have to produce documentary evidence of the domestic violence, statements and evidence of police report/action taken, doctors reports etc.


She would have to apply using the UKBA's form SET(DV) which is available for download from their website.

There are some guidance notes on the application here:-

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/dv-victims-settlement.pdf

 

If you consider that an application for ILR under the domestic violence provisions above is innapropriate then you can attempt to apply for a Tier 2 sponsored skilled workers visa.

 

You need to get a job offer from an employer who is willing to sponsor you to do one of the jobs on this list (if your job is on this list already then you should approach your employer about sponsorship):-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf


If there are no jobs on that list that you can go then you need this means that you employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the UKBA that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role, though this might be difficult if there are other accounts officers who could do the role.

If they are willing to sponsor then you will also have to meet the requisite number of points under the Tier 2 points based system:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/pointsscore/#header3


You will see at the top right hand side there is an option to use their calculator to work out how many points you are eligible for. You should check this first before you look for jobs.

There is lots of information on Tier 2 Sponsored Skilled Workers visas here:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/

 

Good luck.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.

I am in the legal profession and there does not seem to be a shortage for them in the list because they are not listed.

 

Expert:  Thomas replied 3 years ago.

Hi,

 

In that case you will have to either

1) revisit your eligibility to claim ILR under the domestic abuse provisions,

 

or

 

2) Get your employer to look at the likelihood of claiming a need to employ you under the resident labour market test, which means making enquiries and thereafter a statement that there are no UK nationals or others in the local job market that could fill your posti

 

or

 

3) look to be employed in another job that is on the list or by another employer who cannot fill the job by the resident labour market by carrying out the resident labour market test.

 

Sorry it could not be better news. I trust this clarifies however and should be grateful if you would click accept.


Kind regards,

Tom

Customer: replied 3 years ago.

please can my questions and your replies be locked please. and can i contact you again with further questions i may have? and how do i do that. thanks

 

Expert:  Thomas replied 3 years ago.
Please click accept and I shall respond.

Kind regards

Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

please can you answer my question now?

 

Expert:  Thomas replied 3 years ago.
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