Is our defacto visa invalid?

[Walthamstow]

Nah, not at all.

She's just very, very thorough and would want to know every angle.

Personally, I'd rather she was in the country. Gives us a chance to sort things further down the track. Far better than the finality of her going back.

Cheers for all of your help.

[SYH]

That doesn't really answer the question. You've just picked up on the statement before.

Technically, if we split - the visa would be invalid, regardless of IO chasing her. It is invalid.

So, let me gve a tighter example.

We split. The IO know this. They contact her and tell her that as her visa is now invalid she must leave the country.
She has a contract with work which says she must give - lets say - 6 weeks notice.

Would she be allowed to work that 6 weeks?

No because the visa is invalid and then she would be working illegally.
no contract with any amount of notice can hold her to this notice period if the basis of her stay is no longer valid and the employer would drop her like a hot potato if they knew the situation.


And I hope she is smart enough not to let her employer know of the situation in any shape form or manner as they can muck it up royally for her with your going back and forth attitude toward the relationship?

[SYH]

Nah, not at all.

She's just very, very thorough and would want to know every angle.

Personally, I'd rather she was in the country. Gives us a chance to sort things further down the track. Far better than the finality of her going back.

Cheers for all of your help.

It sounds like you want it both ways, you want a relship without the responsibility involved in living together. that is what a relship is all about, the ups and downs. You shouldn't bail in the downs, especially when you decided to be a sponsor. Especially since she is a foreignor and it is harder for her to live alone without the support of family and benefits due visa limitation.
If you can foresee the possibility that you would work it our or you would like to work it out, then you should maintain your responsibility as sponsor and live together. don't be funny and have her live elsewhere.

[Walthamstow]

Actually you are way off on most parts.

It was her decision to move out. It was her call that she needed time to think about what she wants to do. The doors are always open for her to return when she is ready.
She knows I want a future with her with all of the responsibility and commitments which comes with it - and it is the same future she wanted.

Anyway, I don't want to turn this into a thread about my relationship. We just want to find out the legalities of where we stand.

[SYH]

Actually you are way off on most parts.

It was her decision to move out. It was her call that she needed time to think about what she wants to do. The doors are always open for her to return when she is ready.
She knows I want a future with her with all of the responsibility and commitments which comes with it - and it is the same future she wanted.

Anyway, I don't want to turn this into a thread about my relationship. We just want to find out the legalities of where we stand.

Well you have to get over that, as that is the basis of the visa so it fair game in the discussion.
If that is the case, then she has to suck it up and at least live with you and you guys can go to counseling. From a legal point of view, it is precarious for her to live separately from you.

[paulp]

SYH, if his missus is like mine, she would probably tell him where to stick his visa ...

On a more serious note, Walthamstow, if you know she'll take it ok, it may be a good idea to bring up this immigration issue.

[Decus et Tutamen]

Mr. Rusty has posted the circumstances in which people can be subject to administrative removal, and I can't see how on the available facts the OP's partner could be considered for it.

Deception is only in relation to an entry in to the UK or an application for leave to remain. A simple change in circumstances cannot possibly constitute deception as at no time has she ever misrepresented herself to either an immigration officer or a BIA caseworker.

Consequently, there is no offence which would require the partner to leave the UK. She would be permitted to remain and work until the expiry of her current conditions, unless, of course, the BIA curtailed her leave, but then she would have the right of in-country appeal.

[VictoriaS]

I disagree with several opinions here. It is clear that when people are married and on a spousal visa that, once the relationship ends, the visa ceases to be valid. I fail to see how an unmarried partnership can be considered differently.

HOWEVER...this doesn't sound to me like a final split. Breathing space to work things out. Still 'together' but wanting some time apart to think things through, with the idea in the back of your heads that you might get back together? That is fine. She can stay here as long as you take to work things out. It is only when the final 'this is it' comes along that the visa will cease to be valid.

If anyone asks me to find the IDI's and case law on this, I will say 'use google', but the fact is that the Home Office do allow for time apart to work out relationship problems.

Victoria