How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2178
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

My wife and I are US citizens and we are in the UK on her Tier

Resolved Question:

My wife and I are US citizens and we are in the UK on her Tier 2 work visa (I am here as her dependent). Previously she was studying and had a study visa, and this was changed to a Tier 2 work visa about 18 months ago. In total we have been in the UK for 5 1/2 years and I have worked throughout. Incidentally, my mother is English (but born in France) and lives here, as does my younger sister.

My wife and I have considered separating for the past year and, whilst we still live together, our relationship has broken down. Incidentally, and by chance, I have met and fallen in love with an English girl and I want to know what my options are in terms of staying in the UK. I have no family or friends in the US (I was born there because my father was in the military and we moved every 2 years or so) and do not want to return to the US to apply for an alternative visa (e.g. my own Tier 2 work visa). If I get divorced, will I have to leave the UK? Even though I have worked here for 5 1/2 years, have family here and have a new relationship here?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

No, if you currently have leave to remain in the UK which is more than 6 months then you are able to apply for a Spouse Visa in the UK without having to leave the UK.

 

Once you have obtained a divorce you are able to marry in the UK and then submit an application for further leave to remain using form FLR M please see following link to the form and guidance:

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

Customer: replied 2 years ago.
Thank you for your response. So if I have e.g. 2 years on my current visa, and get divorced in that time, I will be able to remain in the UK until the end of that visa? And in the meantime remarry and apply for a spouse visa?
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

The problem with what you are suggesting is that you have to divorce first and then apply. If you divorce which usually takes around 6 months in UK when you divorce is complete you are no long a dependent of you wife and you will no longer be her husband, so at that point you will have become an overstayer, however the UKBA usually allow you 28 days leeway to submit an application. Unfortunatley once you have become an overstayer it usually means that the application will be totally at the discretion of the UK. It would therefore be advisable to submit as much evidence as possible regarding your connections to the UK and reasons why you should be not sent back to the US to submit your application. I would suggest you read the case of Chikwanba for clarification which can be found at the following link:

 

http://www.latitudelaw.com/news-upper-tribunal-gives-guidance-on-the-chikwamba-principle-by-ed-mynott-38.html

 

I would therefore advice you to enter into marriage the day after you have received your divorce certificate and submit your application thereafter.

 

This would be the best scenario to follow to avoid returning to the US to submit an application form there.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

 

UK_Lawyer, Solicitor
Satisfied Customers: 2178
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
UK_Lawyer
UK_Lawyer
Solicitor
2178 Satisfied Customers
I am a qualified solicitor and an expert in UK law.