Not living together with (spouse visa) wife

[akythaky]

Hi,

I need some urgent help, unfortunately me and my spouse are not staying together due to lot of difference between us. I married in Dec 2011 and she was given UK dependent VISA in March 2012 (Period She was eligible for ILR after two years). After staying together till May 2014, she decided to go back to India (due to differences and will never come back).

She married me only to get UK visa and hence after staying 5 months she understood the difficulties and again decided to stay together, so I reapplied her VISA in October 2014, after staying together for 12 months she decided we won’t stay together and we both are staying in India separately. Now she don’t want to leave UK as she has got VISA till 2017. To add more complexity we both lost our bags which had both our passports, she has got dependent VISA 2017.

Please can anyone advice about how I can inform to Home Office that we are not staying together and can she be stopped to go to UK as she will be applying for new passport and applying for VISA, whether after 2017 she will be eligible for ILR VISA or she has to extend her VISA one more time and she can apply for ILR in 2019.

Cheers,
A

[tiredoftiers]

in absence of her's and story to be one sided I'd suggest you should speak to your family lawyer.
every other who brings spouse over to UK thinks the same when it comes to revenge there are aspects involved and law that protects you and her at the same time a lawyer could exactly tell you the implications and action to take because he would know yours and her's situations in greater details.

[noajthan]

Please can anyone advice about how I can inform to Home Office that we are not staying together and can she be stopped to go to UK as she will be applying for new passport and applying for VISA, whether after 2017 she will be eligible for ILR VISA or she has to extend her VISA one more time and she can apply for ILR in 2019.

Cheers,
A

If someone misuses a UK visa they are no longer entitled to they are only storing up trouble for themselves.
Home Office & UK border control will sort this out in their own time.

Let it go - move on with your life.

[CR001]

If you are not in a subsisting marriage, she won't qualify for the extension she needs or ILR.

As she applied (based on what you said) from India for a new visa in October 2014, she is on a 5 year route to ILR (2 X 2.5 year visas) and will need your support to apply for her FLR(M) extension in 2017.

You can inform HO that you re no longer together and that is all you can do.

[geriatrix]

Visas when you separate or divorce

[akythaky]

I am originally from India and currently hold British passpport. I am in India currently and wont go back for at least next 12 months due to family Issue. I got married in 2011, where spouse were eligible for PR after 2.5 years, we both stayed together for 2.5 years and she came back as we decided to not stay together, After staying separately for 5 months we decided we will give our relationship one more try, so she reapplied fresh VISA and came to UK. After staying 1 year we both are in India and she wants to go to UK and stay together, she has got VISA till 2017 afterwards she needs VISA renewal for other 2.5 years as 2nd time she applied she fall under 5 years spouse together VISA rule.She lost her passport and got fresh passport, now she wants to transfer old VISA (which is Valid till 2017) to her new passport and stay alone in UK (Is this possible or can I inform home office so she is not issued with VISA)PLease advice

[noajthan]

I am originally from India and currently hold British passpport. I am in India currently and wont go back for at least next 12 months due to family Issue. I got married in 2011, where spouse were eligible for PR after 2.5 years, we both stayed together for 2.5 years and she came back as we decided to not stay together, After staying separately for 5 months we decided we will give our relationship one more try, so she reapplied fresh VISA and came to UK. After staying 1 year we both are in India and she wants to go to UK and stay together, she has got VISA till 2017 afterwards she needs VISA renewal for other 2.5 years as 2nd time she applied she fall under 5 years spouse together VISA rule.She lost her passport and got fresh passport, now she wants to transfer old VISA (which is Valid till 2017) to her new passport and stay alone in UK (Is this possible or can I inform home office so she is not issued with VISA)PLease advice

What type of visa are you referring to?
How long has spouse been outside UK?

[akythaky]

Thanks for your reply.

It is dependent VISA and now we both are out of UK from last 1 month. Her existing VISA is valid till 2017.

Can she transfer her VISA to new passport without informing me.

[Casa]

The issue here is that she would be unable to apply for her FLR(M) extension if she is living alone in the UK, which appears to be her intention according to your post.

[akythaky]

Thanks for your reply, but as she has lost her passport can she transfer her existing VISA which is valid till 2017 without my knowledge.

[CR001]

Yes she can.

Have you notified HO about your marriage change in circumstances??

[noajthan]

Thanks for your reply, but as she has lost her passport can she transfer her existing VISA which is valid till 2017 without my knowledge.

If you mean does spouse need your 'permission' in some way as it is a 'dependent' visa, then no.

In UK, every visa & naturalisation applicant (if an adult) is legally responsible for their own application.

They are expected to submit such an application in their own right (even if a family member or an agent or lawyer helps them complete it).

The applicant also signs the declaration in their own right to certify the truth & completeness (etc) of the application.

That means spouse could have dealings with UKVI without your knowledge (assuming they can gather all their necessary, supporting documentary evidence).

[akythaky]

No I have not notified anyone yet, as difficult to take bold step against anyone. Is there any email Address I can send email to ? or postal is the only option

[CR001]

No I have not notified anyone yet, as difficult to take bold step against anyone. Is there any email Address I can send email to ? or postal is the only option

When you Separate or Divorce (click)

[akythaky]

I am writing this letter to Home office and will send to this address, please advice.

Manchester Curtailment Team
PO Box 99
Manchester
M90 3WW

Dear Sir / Madam,

Subject : Spouse not staying together but not Divorce yet.


This is ??? and I got British Passport and mine wife is dependent on me (On my ILR Visa). Unfortunately there was lot of differences between us and it is one of the reason we are staying in India. I have left my job everything and wanted to improve the relationship. Already we have stayed separately in 2014 for duration of 5 months to improve our relationship.

As mentioned earlier currently we both are staying in India, she has lost her passport and she has applied for “vignette Visa Transfer” with documents she had with her (Also she has submitted my ILR VISA documents instead of my British Passport). As she wants to stay in UK irrespectively whether I am staying with her and she won’t give me divorce unless she got her ILR, which is due either in 2019.

Here are my and her details.


• name
• date of birth
• address
• passport number
• Home Office reference number (you’ll find it on letters sent from the Home Office)


By any chance can I revoked her transfer VISA application and only apply when we both are planning to stay together and not only for VISA purpose.

Thanks for your time.

[akythaky]

Hi,

Me and my wife are not staying together and we both are outside UK. She has lost her old passport which had valid visa till 2017, but she has applied for "vignette transfer visa" and planning to travel alone once she has received it.

Is there any way I can stop her VISA application as she has used my documents to support here application, I have got British Passport currently but she has used my OLD ILR VISA XEROX document as one of the supporting document.

[CR001]

Visas when you separate or divorce

You have already been given advice on what to do. Asking the same question in another sub forum is NOT going to change the answer.

Click on the link that sushdmehta has already provided and inform HO that you are no longer in a subsisting marriage.

HO are not interested in the emotional detail you have included in your letter. Just state pure fact that you are no longer together and you no longer support her visa/immigration in the UK.

Your ILR is not longer valid if you are British now.

[akythaky]

Thanks,

She has got VISA now she is traveling this Monday and I cannot stop her. I send letter to home office but no response from them.

[Casa]

Thanks,

She has got VISA now she is traveling this Monday and I cannot stop her. I send letter to home office but no response from them.

Complete and send this form recently introduced in December. You may find that although HO haven't responded to your letter that the information is held on the UKVI system and your wife could be refused entry.
Here's the link to the notification form:
https://www.gov.uk/government/publicati ... nsent-form

[akythaky]

thanks for your reply really appreciated.

Please can you let me know what address to post it or is there any email ID I can send the scanned copy, email will be good option as I am based in India and to send document in UK minimum will require 3 to 4 days

[Casa]

thanks for your reply really appreciated.

Please can you let me know what address to post it or is there any email ID I can send the scanned copy, email will be good option as I am based in India and to send document in UK minimum will require 3 to 4 days

Try this: https://www.gov.uk/contact-ukvi-outside-uk

[akythaky]

Hi,

My wife and me are not staying together, I tried everything to make her understand and stay together in India. As we both are currently in India and she will be traveling to UK with VISA she got by using my documents without by approval, I have already informed home office about our relationship status changed by sending this form.
https://www.gov.uk/visas-when-you-separate-or-divorce

Please can anyone guide me should I inform border control as crime, as she used my documents without my approval, so she is deported back

https://www.gov.uk/report-immigration-crime

As if she is back in UK will take my home and business and also take ILR or any VISA to stay in UK.

[Casa]

She won't be able to apply for ILR as your wife without your support if the relationship has ended. As for a share of your business and property, you should seek advice from a solicitor specialising in family law.

[CR001]

There is nothing more you can do than what you have already doneby k formi g HO.

[akythaky]

Hi All,

As mentioned in my previous post my wife is in the UK now and she is tethering me if I took any step against her while she is staying in the UK, she will make complain and make sure I cannot come back to UK safe. I was manage to record the phone call so got proof about it.

As I am based in India, for safety purpose can I call UK local police station and record my statement about her that she is tethering me about complain , so I am safe once I reached UK