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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
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Experience:  English Solicitor and UK Immigration Law Expert
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My wife has a settlement visa has done the 2years and test

Resolved Question:

My wife has a settlement visa has done the 2years and test but has spent little time hear in uk . Most of the time in Jamaica now we have decided to divorce what rights does she have to come to uk and can I get them reversed. I also have a son with her.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 4 years ago.
Hello,

It appears that she is on the probationary spouse visa and does not yet have indefnite leave to remain in the UK.

You need to inform the UK Border Agency and the British High Commission in Jamaica that your marriage has broken down and that you are no longer living together. You should also disclose to them that she has spent most of her time in Jamaica.

The UKBA have the power to curtail/revoke her current visa, if they do so, she will not be able to enter the UK with it and if she is in the UK, they may take steps to remove her back to Jamaica.

In any event, she will not be able to obtain indefnite leave to remain if your marriage has broken down.

However, if your son is a British citizen, she may be able to get another visa to have access to him.

All the best. Please click on Accept

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