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: 6295
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

Im a dependant on an ancestral visa, but me and my partner

Resolved Question:

Im a dependant on an ancestral visa, but me and my partner has plit up over 16 months ago. I have been with a new partner for more than a year and expecting his baby, is there any possibility i will be able to stay in the UK if i get divorced and wat to stay with my new partner?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Your spouse has an ancestry visa in the UK.

You may be divorcing.

You want to know if you can switch categories dependent on your new partner.

Is this correct?

Tom
Customer: replied 1 year ago.


Yes

Expert:  Thomas replied 1 year ago.
Hi,

What nationality is your new partner and what is there immigration status if not UK?

How long have you cohabited with your new partner? (ie. lived together).

Tom
Customer: replied 1 year ago.


Hi,


 


My new parner is a uk citizen. We live together now for about 13 months and i have just found out i am pregnant

Expert:  Thomas replied 1 year ago.
Hi,

When does your current visa expire?

Are you likely to marry once you are divorced?

Tom
Customer: replied 1 year ago.


my current visa expires on 01/07/2014, i am not sure if i will get married but would probably in the future as we will have a child together

Expert:  Thomas replied 1 year ago.
Drafting your answer now. 5 Mins.

Tom
Customer: replied 1 year ago.


ok thank you

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


If the UKBA are informed by your husband in writing that your marriage is at an end and you are separated then they will curtail your visa, they will not wait for divorce. They would write to you can confirm that you should leave the country.

You would therefore have to make a further application. Simply have a child that is a UK citizen is not sufficient alone for you to get leave to remain.

If your husband informs the UKBA then you would have to make an application.

Obviously you are not divorced so you cannot marry you new partner and make an application for a spouse visa. If you do divorce then this is a clear way forward that you may consider if you are able to divorce/marry before your visa expires.

Basically, any application you make is going to involved asking the UK to exercise an element of discretion. You do not qualify for an unmarried partner’s visa because you have not cohabited with your new partner for 2 years. You cannot marry because you are not divorced.

If the child is due in the not too distant future then my advice would be to divorce your current spouse and then apply for discretionary leave to remain on the basis of your relationship with your new partner and the fact that at that point you also have a UK citizen child living with you both.

You probably be successful if you made an application in these circumstances but would need a solicitor to make the application for you because it is outside of the immigration rules. This is essential to your prospects of success.


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.


do you know a good immigration law firm that would be able to help me?

Expert:  Thomas replied 1 year ago.
Hi,

We're not allowed to give recommedations I'm afraid.

You can use the Law Society find a solicitor search engine to find immigration solicitors in your area:-
http://www.lawsociety.org.uk/find-a-solicitor/

Please remember to rate my answer.

Kind regards

Tom
Customer: replied 1 year ago.


last question, what is the chances of me succeeding if i get divorced and apply to stay with my partner and child?

Expert:  Thomas replied 1 year ago.
Hi,

If you divorce, marry, have the child with them and then apply your chances are good.

If you divorce, don't marry but do have the child then your chances are not quite as good but still reasonably.

In both cases you should instruct a solicitor though.

Please rate my answer.

Kind regards.

Tom
Thomas, Solicitor
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 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