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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2046
Experience:  I am a qualified solicitor and an expert in UK law.
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I have a two year spouse visa I have split up with my wife

Customer Question

I have a two year spouse visa
I have split up with my wife who has a six month baby.
I now live with my girl friend who is pregnant.
I recieved nine months probation for assaulting my wife.
How can I remain in the UK.
I am unemployed.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year 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.

On what basis would you want to remain in the uk?
Because of your relationship with your current partner?

Kind regards
Customer: replied 1 year ago.
I would like to remain indefinitely but I do not know what grounds I can apply to remain on
Customer: replied 1 year ago.
Uk lawyer
I need to apply by October 2013 as I have until 29 December 2013.
I need to know what grounds can apply to remain indefinitely in the UK
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The fact that you and your spouse are no longer residing together you are unable to apply on this basis as your relationship is no longer subsisting. Therefore, in your case you would need apply for discretionary leave to remain on the basis of your relationship with your current partner.

What you would need to do is apply for discretionary leave to remain using form FLR O :

http://www.bia.homeoffice.gov.uk/sitecontent/applicationforms/flr/flro1

I know that you want to apply for indefinite leave to remain prior to the expiry of your visa but for this your wife would need to sponsor your application, your relationship must also be subsisting and you must provide evidence that you are living together.

If you apply for discretionary leave to remain you would need to remain in the uk until you have completed 10 years in the uk, after 10 years you can apply for indefinite leave to remain.

In your case as you are no longer in a subsisting relationship with your wife you would need to apply for discretionary leave to remain.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
Uk lawyer
To apply for the discretionary leave do I need to divorce my wife and marry my new partner.
If so would I need to be married for ten years to apply for indefinite leave with my partner
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes, in any event you would need to divorce your wife and then apply, but if your partner is either a British citizen or settled in the uk then you would need to apply for a spouse visa on the basis of your marriage to your new partner.

If you marry your partner then you will be granted leave to remain for 2.5 years and then would need to reapply and will be granted leave to remain for another 2.5 years once you have completed 5 years you can then apply for indefinite leave to remain.

If you do not marry your current partner then you would need to apply for discretionary leave to remain and yes you will have to wait 18 years to obtain indefinite leave to remain.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
Uk lawyer
After my probation is finished is it likely that I would be removed from the country if I do not marry my current partner.
And will my convictions affect my application for decretionary leave.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If you do not marry your partner there is a possibility that you will may have to leave the uk if you do not submit an application prior to your current visa expiring.

There is nothing preventing you from applying for discretionary leave to remain, you would need to disclose your conviction in detail and state any mitigating circumstances surrounding your conviction, this would give your application the best chance of success.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
Uk lawyer
I am unemployed and I have not worked since living in the uk will this weaken my application ?
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply, I apologise for the delay in reverting back to you.

It may weaken your matter if you do not apply for a spouse visa, this is because for a spouse visa your sponsor ie your current partner's income is taken into account. She must earn at least 18,600 gross for her to be able to sponsor you for a spousal visa.

If you apply for discretionary leave to remain she would not need to meet the income threshold but you would need to provide a lot of documentary evidence in respect of your relationship and unborn child before you apply. You would also need to ensure that there is enough income coming in to be able to maintain yourselves adequately (assuming your partner is British or on indefinite leave to remain)

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2046
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Uk lawyer
Can my wife do anything to prevent me staying in the uk?
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

No, not if you are honest about what has happened between you and her and the fact that you disclose it all in the application for and to the Home Office.

It works in reverse for you because you have a British citizen child it actually helps your matter because it gives you a stronger connect to the UK and you can argue that you still love your child even though you have split up and do not want to far apart from your child.

I hope this clarifies the matter.

Kind regards
Customer: replied 1 year ago.
Uk lawyer
My wife has already informed immigration and told them about the adultery and domestic violence
I see my son 1 maybe 2 a week but currently my wife is making it difficult .
Should I concentrate on my new family.
Or take her to court?
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

You should deal with your immigration matter and once you have a secured footing then you may apply to have your family matter resolved.

Kind regards

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