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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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Ive been living since september 2003,i got married to are british

Resolved Question:

Ive been living since september 2003,i got married to are british national in august 2011,we been together for 2yrs and we decided to get married,now my husband has changed and he said that he wont be taking any part in my application for indefinite leave which i need to apply for this september.i dont know what to do and if being im this country for so long and being from the caribbean would help my application
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

When did you switch to your spouse visa please?

Will your husband divorce you?

Do you have any children of the marriage?

Tom
Customer: replied 1 year ago.
i switch october 2011 we dont have any children.he has mention about getting are but he has acted on the getting one.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that you are in a very difficult position and it very much depends on what your husband decides to do.

If he informs the UKBA that he considers that you are separated then the UKBA will probably curtail your visa and advise you that your leave to remain in the UK has been cancelled.

You need to avoid him writing to inform them while you both figure out what to do.

Obviously you cannot apply for ILR on the basis of 2 years on a spouse visa unless he supports it.

Similarly, if you were to apply for ILR on the basis of long residence of leave to remain for 10 years you would also need your husband to support the application because a two year period counting towards the ten year total is on the basis that you are in a married relationship with your husband.

If you are able to reconcile with your husband so that you both consider that you are still in a genuine married relationship then you can still apply for ILR if he supports it. You may considering focussing on this with your husband and appealing to his feelings for you. You have to see if you are able to do this knowing him as you do.

If you honestly believe that he will not support your application for ILR then you may consider attempting to switch to another category of visa so that your leave to remain is continued and you can potentially make an application for ILR on the basis of 10 years legal leave to remain.

If he does inform the UKBA of your marriage breakdown and you cannot switch in to another category, then you may consider instructing a solicitor to make a discretionary application for leave to remain outside the immigration rules. This is a long shot and you would effectively be arguing that you should be given leave to remain on the basis that it would be unreasonable to expect you to return to your home country to adjust socially and emotionally. However, if you do not have any children here and are an otherwise intelligent indepdent adult then I’m afraid it’s going to be very difficult to proceed with a discretionary application.

I am very sorry that I could not have better news for you.

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.

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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
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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