UK visa info.

[lufc74]

Hi,

Myself and family are going back to the uk this year, for a few years at least. Kids have uk passports, so no issues there.
My question is, me and my Thai wife are thinking of divorce, but still living together in the uk as partners. Reason for this is to split up assets equally now rather than going to the uk, and  on the off, getting divorced in the uk. I don't want to do it there )   

What visa would i need to apply for, and would us just getting divorce cause us a problem. I'm thinking "apply to join family  (Partner) in the uk" ?

Thanks in advance.

[theoldgit]

A tricky one and I'm not really sure how this would pan out when an ECO considers your wife's partners application.

 

There should be no problem your wife applying as your wife, and there should also be no problem in her applying as your partner if she can satisfy the ECO that you are living as partners in a relationship akin to marriage, and have been doing so for two years or more, she would also need to satisfy the ECO that your relationship is genuine and subsisting, this doesn't be the case.

 

I think what you have in mind is fraught with danger and could open up a can of works, it this something you have discussed together or something you have in mind to try and protect any assets you may have in the UK?

 

All sorts of hurdles come to mind, it could be that the application is view as an attempt to deceive, in which case your wife could be prevented from applying for a UK Visa for up to ten years. 

 

These are opinions only and are not based on any particular interpretation of Immigration Law or specific case law.

 

I would be treading very carefully. 

[7by7]

If you divorce she will not be your spouse so cannot apply as such.

 

Were she to apply as your unmarried partner after your divorce; put yourself in the ECOs shoes. An application from a couple who claim that they are still living together in a genuine and subsisting relationship even though they have divorced. I cannot see how such an application could be successful.

 

The only way I can see is for you to remain married and she apply as your spouse. But, if you were to divorce before she has Indefinite Leave to Remain, which takes 5 years at least to obtain, then she would not be able to remain in the UK.

 

Unless she could prove the divorce was the result of her being the victim of domestic violence by you; and I'm sure that is not a road upon which you would wish to embark because it would involve, among other things, her lying to the police and a possible prosecution and conviction in a criminal court for you!

 

 

[Tee2008]

I believe it comes down to "intention".   The ECO cannot be satisfied that  ( and I quote from the immigration rules paragraph 281) :

 

 "each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; "