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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am planning to get divorced, but i am holding a UK spouse

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I am planning to get divorced, but i am holding a UK spouse visa.

The reason for divorce is my husband's unreasonable behaviour (abuse-physical, mental, and financial) but my husband never admit his behaviour and always lie.

While I am waiting for the court to process the divorce petition,
am I allowed to stay in the UK? or Should I leave the UK immediately after I apply for divorce petition?

I am a student till Dec, so I just need to stay three more months.

Has he informed the UKBA of your separation?

Have you heard from the UKBA?

Customer: replied 5 years ago.

No, I haven't informed UKBA, that's why I am asking here.


If I informed UKBA, I must leave the country right away?


Thanks for your patience.

If the UKBA receive written notice from either you or your husband that you have separated then they will curtail your spouse visa. They will write to you at this point and state that you no longer have leave to remain in the UK.

Therefore, if you wish to remain in the UK for the next few months then you should not inform the UK and also not provoke your husband in to doing so.

It’s okay for you to stay in the UK whilst your divorce is proceeding but it’s a bit of a hassle trying to do this once the UKBA are aware of the separation.

Keep quiet and you will be fine, basically.

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Kind regards,

Customer: replied 5 years ago.

ok, last question before rate ur answer...


so, if I finish the course, and know when I am leaving, then I can apply for divorce petition or, can I apply for divorce petition from my home country?



You can apply for your divorce from out of the UK,there is nothing preventing you from doing this but I would have thought it easier to apply whilst you are in the UK and then update the court as to your change of address once you have left.

Please rate my answer.

Kind regards,

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