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 Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6058
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

How soon do I have to inform UKBA that my marriage has broken

Resolved Question:

How soon do I have to inform UKBA that my marriage has broken down? or Do I just inform after the divorce is accepted?

My visa will be cancelled right after I inform UKBA? I need to stay 3more months, then go back to my country.

I am a UK Spouse visa holder. planning to go back to my home country.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

At what stage are you in your divorce?

Has your divorce petition been issued?

Tom
Customer: replied 1 year ago.


No, nothing has been done yet. not even paper work.


 


Only agreed to get divorced.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I think I answered this the other day for you.

The UKBA will only curtail your visa and advise you to leave the country once they are informed by either you or your husband that your marriage is at an end because you are separate.

Provided that your husband does not write to the UKBA then they will not do anything.

Therefore I would wait for about two months before you issue the divorce petition. Once the divorce petition has then been issued, either you or your husband can write to the UKBA informing them of your separation. They will then write to you and ask that you leave the UK within 28 days of the date of the letter.

This should give you the three months that you require before you have to leave the UK

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards

Tom
Customer: replied 1 year ago.


thank you! just one more question.


 


So I or my husband start applying for the divorce petiton now? and wait to be issued while im staying here?


 


it will take two months to be issued? (for unreasonable behaviour)

Expert:  Thomas replied 1 year ago.
Hi,

No. If you require to stay here for three months then I would not issue the petition just yet because that is clear evidence that the marriage is at an end.

Instead I would wait for another two months before issuing the petition so that you have enough time to stay for the further three months. When you return to your home country therafter you should update the Court as to where you can be written to so that you can conduct the remainder of your divorce from outside the UK.

Divorces usually take about 5-6 months from the date that the petition is issued by the county court so it's a bit longer than you think.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6058
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Divorces usually take about 5-6 months from the date that the petition is issued by the county court


 


Sorry, need to make sure, what do u mean by 'from the date that the petition is issued by the country court'?


 


the date, I or my husband applied for the divorce petition? or the day the court accepted and issued?


 


I am confused...5-6month total to get divorced or another 5-6months after the court issued the divorce????


 


and if i go back to my home country before the divorce is accepted by England law, I can still do divorce and change my name in my country according to the law in my country. Does this affect the divorce petiton here?

Expert:  Thomas replied 1 year ago.
Hi,

To get a divorce you have to send your divorce petition to County Court. Once they have received it they will issue it. The divorce then takes about 5-6 months from when they issue it.

It does not matter if you return to your home country but you will need to give the court details of where you can be written to so that you can complete your divorce from outside the UK.

Tom
Customer: replied 1 year ago.


ok, so if the divorce is issued in my country(Japan), then I can change the name back to my Japanese family name.


 


Can I also inform the court that I changed my name? in addition to the address?

Expert:  Thomas replied 1 year ago.
Hi,

The divorce will be issued in the UK if you petition here.

Once your have received your final divorce decree (the decree absolute) then you can produce this so that you can then use your maiden name
Customer: replied 1 year ago.


ok, i understand. but my concern is....


 


I will apply for divorce petition in two months, then go back to Japan.


I will then submit the divorce paper in Japan, then the divorce in Japan will be accepted right away, so I can change my name.


 


So, I was asking if I could also inform the court that the divorce was issued in Japan, and now i use my maiden name. Is that ok?


 


Hope this will be my last question and I will be rate u as excellent !

Expert:  Thomas replied 1 year ago.
Hi,

I don't know about Japanese divorces so you would have to check with you Japanese attorney to be certain.

Tom
Thomas, Solicitor
Satisfied Customers: 6058
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


ok, thanks. other family law solicitor here answered that UK accepts Japanese divorce, so I dont have to ask for divorce petition here.


 


Thanks for your great help, anyway!

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's Avatar

    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