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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7613
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am a dependant spouse of somebody in UK on Point Based System

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i am a dependant spouse of somebody in UK on Point Based System who is now due for indefinite leave to remain in the UK,he has however left the home though we are not divorced,can l still apply on my own for settlement visa without his support for the application?

Thanks for your patience.

I’m afraid that you would not be able to apply if it is the case that the marriage has broken down (albeit it that divorce proceedings have not been issued) and he has moved out.

It is a condition of the dependents visa that the basis on which it has been granted is continuous throughout the visa term and also when you apply for ILR.

So, if it is apparent that your husband is not living with you and supporting your application then the UKBA would take the view that this does not comply with the conditions of your visa and would therefore reject the application for ILR and curtail your visa.

If you can reconcile with your husband and genuinely think that you can make a go of your marriage then you can still apply.

If you don’t think you can then you should attempt to switch in to another visa category,.

However, if you cannot switch in to another category then you may be able to apply on the basis that the children are either resident or have contact with your husband/their father. If this is what it appears you must do when your visa is to shortly expire then you really need to instruct a solicitor to make the application because it’s not straight forward.

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

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Kind regards,

Customer: replied 4 years ago.

my partner is not yet settled himself,we are supposed to apply for settlement at the sametime,we have a mortage propert which he still pays for,but we do not have any child yet,would applying under domestic violence be an option for me or discretionary leave to remain on compassionate ground?


If you have been a viction of domestic violence at the hands of your husband then in prinicple this would be a good option for you.

Here are the relevant pages on it:-

The second of the above two links is the best because it explains a lot of the evidence that you may have to submit with your applicaiton.

If there are no children invovled then I doubt that you woudl have a very convincing arguement on a discretionary basis because this usually involves a human rights element, which more often than not derive from a relationship with a child.

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