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Posted

Dear All

My wife has a friend who has been in the UK on a spouse visa for 2 years. This needs to be renewed in April 2009.

Her husband does not want her to stay (problems!) but she now has a life here with friends, job, etc. etc.

They are married and not divorced. No domestic abuse etc.

Does anyone have any information about how she can apply to extend her visa without the assistance of her husband?

Can she do this? or not?

What visa does she need to complete?

Any information will be greatly received.

Kind regards

Posted

Unfortunately, the point of requiring a couple to live together for 2 years, and to prove their intention of continuing to do so, is to weed out cases like this.

There is no other application for leave to remain which she could realistically make. For example, asking to stay on as a student would require her to completely fund her studies and support and accommodation from funds other than what she could earn by working the maximum permitted 20hrs per week. Unless her employer obtains a workpermit for her she will not be entitled to continue working when her visa expires, and the employer will face a fine of up to £10000 if she does. The likelihood of obtaining a work permit would be virtually nil unless she has some special skill which scores highly on the points system they have introduced.

You have said there is no record of domestic violence, which is the only reason that spouses can advance for staying on here after the marriage has broken down. If she never reported any such incident to the police, it would be inadvisable to start making up any stories.

One can sympathise with a lady who can apparently be so easily be discarded by her husband and suffer not only the misery of separation/divorce but also the upheaval of having to relocate to her own country. She should see a family lawyer as soon as possible. If a reconciliation can not be effected, she must ensure that she is properly provided for in any divorce settlement. He can't just cast her off like some unwanted pet just because she is a foreigner.

Of course, the separation may be her choice, in which case she hasn't got much of an argument to stay here.

Posted

Thank you for your reply.

I put in about n o domestic abuse as I knew if this was the case she may have reason to be given a further visa but he does not abuse her.

It is a difficult one but I think the best course of action for her is to let her husband know that she will be seeking legal advice from a Solicitor and that she may set divorce proceedings inplace and will want 50% of the hosue, car etc. etc.

This will at least afford her some recompense and allow her to retuen to Thailand with what would be seen as a fairly large amount of money in Thai eyes and allow her to buy a house etc. and if she does indeed return to Thailand will let her lead an easier life (,aybe) although the upheavel of leaving her 'home' as she now knows it will be extremely hard to take i am sure.

I didn't think that there was a way for her to apply for a visa extension unless he husband wants to sign the form and pay the fee and she will then withing the further 2 year period need to study, pass and apply for ILR. I think this is her only hope.

I'll let her know her options and see if there is anythuing else I can assit her with. It is such a shame as sheh seems to be a nice person but no one know what she is like behind closed doors!!!

Thanks again.

Regards

Unfortunately, the point of requiring a couple to live together for 2 years, and to prove their intention of continuing to do so, is to weed out cases like this.

There is no other application for leave to remain which she could realistically make. For example, asking to stay on as a student would require her to completely fund her studies and support and accommodation from funds other than what she could earn by working the maximum permitted 20hrs per week. Unless her employer obtains a workpermit for her she will not be entitled to continue working when her visa expires, and the employer will face a fine of up to £10000 if she does. The likelihood of obtaining a work permit would be virtually nil unless she has some special skill which scores highly on the points system they have introduced.

You have said there is no record of domestic violence, which is the only reason that spouses can advance for staying on here after the marriage has broken down. If she never reported any such incident to the police, it would be inadvisable to start making up any stories.

One can sympathise with a lady who can apparently be so easily be discarded by her husband and suffer not only the misery of separation/divorce but also the upheaval of having to relocate to her own country. She should see a family lawyer as soon as possible. If a reconciliation can not be effected, she must ensure that she is properly provided for in any divorce settlement. He can't just cast her off like some unwanted pet just because she is a foreigner.

Of course, the separation may be her choice, in which case she hasn't got much of an argument to stay here.

Posted (edited)
It is a difficult one but I think the best course of action for her is to let her husband know that she will be seeking legal advice from a Solicitor and that she may set divorce proceedings inplace and will want 50% of the hosue, car etc. etc.

I am no lawyer, but I doubt very much that she will be entitled to anything from her husband upon their divorce unless she has children by him, in which case she may get some child support. 50% of all his assests? No way, I'm afraid.

If she remains in the UK once her current leave to remain expires she will be here illegally.

Edited by 7by7
Posted

Under UK law a person who is married or lives with civilly to another and they have 'assets' which are deemed to be joint i.e a car, hosue savings etc. etc then the person can either divide the assets equally or agree another way but if no agreement then it will be for the courts to decide and usually they will divide 50/50.

Ghood foe her.

I have been reading the UK border an dimmigration site and there doesn't seem to be any way for a person to apply so back to the drawing board to see if I can assit her in another way.

It is a difficult one but I think the best course of action for her is to let her husband know that she will be seeking legal advice from a Solicitor and that she may set divorce proceedings inplace and will want 50% of the hosue, car etc. etc.

I am no lawyer, but I doubt very much that she will be entitled to anything from her husband upon their divorce unless she has children by him, in which case she may get some child support. 50% of all his assests? No way, I'm afraid.

If she remains in the UK once her current leave to remain expires she will be here illegally.

Posted
Under UK law a person who is married or lives with civilly to another and they have 'assets' which are deemed to be joint i.e a car, hosue savings etc. etc then the person can either divide the assets equally or agree another way but if no agreement then it will be for the courts to decide and usually they will divide 50/50.

According to a solicitor friend of mine, the court will take several matters into account when deciding what, if any, ancillary relief the wife is due. The two important ones in this case being:-

What each partner has contributed to the marital assets.

How long the marriage lasted.

Based on what you have told us, I think she will be very lucky to get anything.

To improve her chances she should see a solicitor, and see one quick.

I have been reading the UK border an dimmigration site and there doesn't seem to be any way for a person to apply so back to the drawing board to see if I can assit her in another way.
The only way she could apply to remain in the UK is if her marriage had broken down due to her husband's abuse and violence toward her. You say this has not been the case. Therefore she has no chance of remaining in the UK legally once her current leave to remain expires. Sorry.
Posted

Not possible to get visa and wp based on job? OP states she has job in UK.

Do not know how it is in UK but elsewhere in EU it should be ok as long as she has steady job.

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