Tier 2 Dependant Visa - During Seperation

[srn1985]

Hello All Forum Guru's,

I am in need of information which is not clear from the UKBA website regarding "Visas when you separate or divorce", and to get the ideas of people who have seen it.

https://www.gov.uk/visas-when-you-separ ... ome-office

I am living like a confused person in UK as, I am at the moment going through a terrible time of life events. I will explain them shortly here.

Me and my wife are not in good speaking terms and are staying separate (different cities) in UK from August 2016, we have a 10 month boy who is staying with my wife's parents in India (my wife denying his access to me as I have asked for a divorce), so they are using the worst methods of provoking me and want to formulate this as a rough time for me. We haven't yet could come in any mutual terms for anything between us, as she is completely brain washed due to the instigation of her family members. So discussions between us are failing. So now in this situation I need to know whether or not I should write a letter to UKBA regarding my circumstances.

My visa summary below:
I am working as a Tier 2 General Migrant from Jan 2012
Got married and My wife was staying here as Tier 2 Dependant from Nov 2011
Now we both are staying under Tier 2 Extension till Jan 2018
We have a 10 month boy who has a Indian passport and Tier 2 Dependant Visa tillJan 2018.

As far as i know we will all become eligible for ILR after Jan 2017. So due to this situation everything is under confusion.

Also here there is a possibility that my wife is trying to change her VISA category to Tier 2 General, from her employer and have my son on her Dependant - Can she do that?

So Now these are my Doubts:

1. Since I haven't applied for Divorce in India or have got a Legal separation in UK, can I still write a letter stating "my relationship has ended and we are living separate" to UK Visas and Immigration
TM Marriage Curtailment Team
PO Box 99
Manchester
M90 3WW

2. If I can write to UKBA - What will be the consequences due to this on me and wife and son?

3. How long can I wait for reconciliation between us to inform UKBA?

Please help with some information as I don't want to do anything out of rules or do something that will make life even worst with this VISA situation.

[CR001]

Also here there is a possibility that my wife is trying to change her VISA category to Tier 2 General, from her employer and have my son on her Dependant - Can she do that? Yes, she can if she gets sponsorship. She has to apply from home country though.

So Now these are my Doubts:

1. Since I haven't applied for Divorce in India or have got a Legal separation in UK, can I still write a letter stating "my relationship has ended and we are living separate" to UK Visas and Immigration There is a specific form you have to complete to notify HO : https://www.gov.uk/government/publicati ... nsent-form


2. If I can write to UKBA - What will be the consequences due to this on me and wife and son? Her visa will likely be curtailed.

3. How long can I wait for reconciliation between us to inform UKBA? What do you mean reconciliation? If you are planning to try work things out, then do that first before notifying HO.

Please help with some information as I don't want to do anything out of rules or do something that will make life even worst with this VISA situation.

[srn1985]

Hello CROO1,

Thanks for the reply...

What is the level of information in letter that UKBA expects to be sent along with the consent form?

How long will it take for UKBA to act on these issues?

My doubt is - Will UKBA not question me about the legality of the separation? - As i have not done anything legally in this matter.

What do you think will happen to my son's Visa?

[Casa]

The UKBA was disbanded in March 2013 due to being unfit for purpose . Any communication should be addressed to the UKVI

[srn1985]

I meant UKVI by typing UKBA. Sorry.

[Casa]

Hello CROO1,

Thanks for the reply...

What is the level of information in letter that UKBA expects to be sent along with the consent form? The form is sufficient.

How long will it take for UKBA to act on these issues? This is anyone's guess and you are unlikely to be informed of any action taken.

My doubt is - Will UKBA not question me about the legality of the separation? - As i have not done anything legally in this matter. No

What do you think will happen to my son's Visa? I believe your son's visa will continue to be valid. However, you say he is living in India.

[srn1985]

Helo CROO1,

Thanks for your replies, it matters a lot now.

UKVI are also asking these details alonfg with the letter to the Home Office to tell them the relationship has ended:

If you or your ex-partner have children in the UK, you must also include:
their names and dates of birth - This can be given
names of their parents or guardians, and who they live with - This can be given
how much time they spend with you or your ex-partner - This can be given but I am denied access to him so my wife took him back to India without my consent
how much child maintenance or financial help you give each other - This can be given
details of any family court cases you’re involved in - None of this yet has happened in my case

So from the information that UKVI are asking it means that my Son's Dependant VISA can also be curtailed, Do you think that might be the case?