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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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i have a pakistani passport and im married here to a uk resident.

Customer Question

i have a pakistani passport and im married here to a uk resident. i have been here for 4 years but we are now seperated and we have been seperated for 2 years. my visa is due to finish. what grounds do i have to apply for a indefinate stay?
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  INC replied 7 years ago.

Is the seperation due to domestic violence or has the marriage broken down for some other reason?

Many thanks,
Customer: replied 7 years ago.
it was for some other reason not domestic violence.
Expert:  INC replied 7 years ago.

Generally you would have grounds to apply for ILR if your marriage has broken down as a result of domestic violence. If there is some other reason and the marriage has irretrievable btoken down, I am afraid that as you no longer meet the criteriaof the Spouse Visa, it is likely your application will be refused.

I hope this answers your question. If so, kindly click accept.

If you wish to discuss, please feel free to ask further questions.

Kind regards,
Customer: replied 7 years ago.
i understand that i don't meet the criteria for the spouse visa. but what i wanted to know was is there any other way that i can remain in this country i.e get married again. as i do have someone who i want to get married to. i need help to apply for a visa and need to know on what grounds i can? what i should say to the home office?
Expert:  INC replied 7 years ago.

There is nothing stopping you from marrying again, however, you cannot re-marry until you are legally married. Perfoming a Nikah is not sufficient.

Your only alternative at this stage is to switch to another category of Visa until you re-marry. Or return to Pakistan and then apply for a Spouse Visa once you have re-married.
Customer: replied 7 years ago.
i have only 2 months remaining on my visa. is there enough time to apply for a divorce? will i be able to swith to another category of visa? what category of visa can i swith to?
Expert:  INC replied 7 years ago.

You do not have enough time to apply for a divorce, however, you can apply for another category of visa.

I suggest you look at the Points Bases System requirements to see which Visa category is most applicable.

I hope this helps.