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

has plit up over 16...
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?
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Answered in 16 minutes by:
10/17/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,636
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
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
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago


Yes

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
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years 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

Hi,

When does your current visa expire?

Are you likely to marry once you are divorced?

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years 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

Drafting your answer now. 5 Mins.

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago


ok thank you

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
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago


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

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
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago


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

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
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,636
Experience: BA (Hons), PgDip, Practising Solicitor
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