Jump to content

Recommended Posts

Posted

Hello everyone,

My wife has a settement visa whch was granted in jan 2008 my question is if we separate can she still live in the U.k and apply for her FLR in december. She works full time and wishes to stay in this country. Also is it dependant on us staying married or could we divorce?

Phill

Posted

As she does not yet have ILR, the whole basis of her 'right' to remain in the UK lies in her marriage to you. If this marriage breaks down before she has recieved ILR then she has no legal reason or right to remain in the UK. She could remain until her current leave expires, but would have to leave the UK then.

The only exceptions to this would be:-

1) Your death.

2) The marriage broke down due to you committing violence against her; which would need to be proved with police reports etc.

Posted
As she does not yet have ILR, the whole basis of her 'right' to remain in the UK lies in her marriage to you. If this marriage breaks down before she has recieved ILR then she has no legal reason or right to remain in the UK. She could remain until her current leave expires, but would have to leave the UK then.

The only exceptions to this would be:-

1) Your death.

2) The marriage broke down due to you committing violence against her; which would need to be proved with police reports etc.

Thanks 7by7 pretty much as i suspected and since niether exceptions apply "at least i hope No1 doesn't" then we know what the options are.

Am i right in assuming that after her current leave expires and she went home it would be up to her new boyfriend to start the process again with a Visitors Visa etc etc? would the embassy treat this like any other application or would it be easier for her because she has complied with all the previous rules and regulations?

Phill

Posted
Am i right in assuming that after her current leave expires and she went home it would be up to her new boyfriend to start the process again with a Visitors Visa etc etc? would the embassy treat this like any other application or would it be easier for her because she has complied with all the previous rules and regulations?

Whatever she and her new boyfriend want to do regarding any future visas for her to the UK is up to them; you need have no involvement at all, and why would you want to!?

As she was granted a setlement visa as your spouse in Jan 2008, were she to apply for any type of visa again with a new boyfriend as the sponsor then the ECO will want to know what happened to her relationship with you. But that's her problem, not yours.

If she wishes to marry this other bloke then she will obviously need to divorce you first. If you married in Thailand then you can divorce there as well; the simplest way being for both of you to attend an Ampur and sign a few papers. If you decide to divorce in the UK then you will need to wait until you have been married for two years before you can do so, and will have to go to court. If uncontested it should be a simple procedure, but I would recommend getting legal advice first.

All the best.

Posted

Forgot to add an important point.

Do not divorce at the Thai embassy in London.

Such a divorce would be recognised in Thailand, but not in the UK. Therefore under UK law you would still be married to each other and any subsequent marriage would be bigamous (sp?)!

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.


  • Topics

  • Latest posts...

    1. 10

      Click on a topic- always goes to the last post

    2. 2

      Getting Old: Stoic About It or Endless Whinger?

    3. 10

      Click on a topic- always goes to the last post

    4. 12

      Thai worker abandoned in Israel after hospital discharge - video

    5. 6

      Climate Talks in Turmoil Over Fossil Fuel Debate and Financial Commitments

    6. 3

      Car Rental Trap

    7. 12

      Thai worker abandoned in Israel after hospital discharge - video

    8. 45

      Thailand vs Panama. Decisions Decisions!

  • Popular in The Pub


×
×
  • Create New...