Switching Spouse Visa

[zeezupersonafied]

Hi,

I have some questions that i would really appreciate if someone here could help me with. I came here on a spouse visa, unfortunately, things are not working out with my spouse.
So, here are my concerns.

a. If my spouse inform Home Office that she no longer wants to sponsor my visa ? Will i be kicked out of the country just by her informing the Home office. Or would she have to submit divorce certificate in order to do that ?

b. Can i switch from my current spouse visa to work visa ? As i am working here at the moment, and i am eligible for tier2 work visa, and i think i can be provided work visa from my organization but would it be possible for me to switch it here in uk or would i have to go back and reapply for work visa ?

c. If divorce takes place and my spouse presents the divorce certificate to home office, would i be given like a month or so to leave UK or would i be able to at least continue living till my current visa expires? I know i wont be able to extend it though.

d. Lastly, would i be able to switch from one spouse visa to another spouse visa after divorce, or would i have to go back and reapply?
e. The spouse visa is which tier visa?

Sorry for too many questions but i really need help regarding these issues. I would really really appreciate any help i can get. Waiting for reply anxiously. Thanks a lot.

[CR001]

a. No, divorce certificate is not required. It is sufficient for your spouse to inform HO that she no longer supports you and that the marriage is no long er subsisting. Your visa will be curtailed/cancelled.

b. You can apply from home country for a work visa if you get a sponsor.

c. No, you would not be able to stay till your visa expires as your visa conditions will not be met and your visa will no longer be valid.

d. Should be ok, provided it is not a sham marriage. To marry in the UK, you have to give notice to a designated Registry to marry and the notice period is likely to be extended from 28 days to 70 days as the Registry is obliged to inform HO when non EU citizens wish to marry. HO then investigates/interviews before granting/refusing permission to marry.

e. Should be ok.

[zeezupersonafied]

a. No, divorce certificate is not required. It is sufficient for your spouse to inform HO that she no longer supports you and that the marriage is no long er subsisting. Your visa will be curtailed/cancelled.
c. No, you would not be able to stay till your visa expires as your visa conditions will not be met and your visa will no longer be valid.

Thanks a lot for the quick reply. Can't thank you enough. You have cleared some points. Just needs a little more clarification regarding your reply to my first point.

I was under the impression that Home office will go into the detail, it shouldn't be that easy that someone makes a call and the visa gets cancel or is it? I mean if you look at it then even if someone has an argument and they make a call and thats it ? Shouldnt it be in the form of some proof provided by my spouse which i think will be a divorce certificate.

Can you please refer to any official site link or law which validates this ? That would be really really helpful. Thanks a lot.

[CR001]

No, it is a form your spouse needs to complete and send to HO. Her say so and the form is sufficient. What HO does after that is red flag you, which means any application you try to make will be scrutinised. If you travel and try to re-enter the UK, you will likely be refused entry if you are traveling on your existing visa.

https://www.gov.uk/government/publicati ... nsent-form

http://www.dailymail.co.uk/news/article ... orted.html

In order for you to apply for a new visa as someone elses dependent spouse, you need the divorce certificate.

[zeezupersonafied]

Thanks a lot for all the clarification. Really really appreciate it . Have a good day.

[zeezupersonafied]

Just one last question for now, how would i know if i have been red flagged or not ? Would i get an email from HO ? Will they inform me when and if they will red flag me ?

[CR001]

They might write to you, they might not. No one knows what the internal HO processes are. Once your spouse informs HO, even she won't know what is going to happen next.

[zeezupersonafied]

Thanks a lot for all the clarifications. xx

[zeezupersonafied]

Hi char,

I was looking for other responses and that's why i posted question there because i am still a little confused about this very point which is obviously the most important one as well. He wrote on that post that he knows from earlier precedence that it will be cancelled. However, a friend of mine asked Home office for the cancellation of visa and they replied to him to come up with the divorce certificate but that was two years ago.

Sorry for asking again. Because i got two responses from you. Earlier you said that visa will be cancelled, then when i asked for the official link you said that you will be red flagged, i just need assurance on this that which is true, because both of these statements are not same.

[CR001]

I understand you are looking for help, but please don't dig up such old threads. Things have changed since then and HO is becoming more harsh in enforcing.

It you are no longer in a subsisting relationship and your visa is based on the relationship, if your spouse informs HO that the marriage has broken down, they will have all this detail on their system about you (red flag). You cannot remarry until you are divorced. If you want to remarry, you will need to give notice of this, which could be extended to 70 days for HO to investigate and interview you/new spouse. Only if HO are happy it is a 'genuine marriage' will you be given permission to marry. The fact that you are on a spouse visa and then marrying to get another spouse or dependent visa, might not work in your favour.

I don't work for HO so don't know what their processes and internal procedures are for this.

Have you looked at the documents in this link I provided yet.

https://www.gov.uk/government/publicati ... nsent-form

[zeezupersonafied]

Yeah sorry about that. And thanks a lot for patiently replying to all my questions in detail. My question is still hanging though.

Having details in their system is one thing and asking me to leave right away is another. Just trying to find out which one it is

Thanks.

[CR001]

You won't be asked to leave immediately. These things do take a bit of time and is a slow process.

[zeezupersonafied]

Thanks.

[zeezupersonafied]

Hi,

I came here on spouse visa and we got separated and now i want to re marry . The previous marriage didn't took place here and the divorce also took place in the home country so the divorce is recognized by the UK law as much as i know.

Now, i called the registration office to get the appointment for the marriage registration and found out that as i am not uk citizen, they would ask home office before the registration and then would allow it and the whole process could take up to 90 days to complete.

My concern is this,

a. Should i inform HO myself or let them inform Home office for the second marriage.
b. Should i consult some solicitor and pursue my case through them or would it be fine for me to just let the home office find out through registration office about me trying to remarry and after the marriage, i would apply for the spouse visa.
c. What repercussions could it have ? And what is the best way to pursue my case and which step to take first ?

Any immediate response would be highly appreciated. Thanks a lot.

[vinny]

Posts merged.

[zeezupersonafied]

Hi,

i came on a 'family of a dependent person' (spouse visa). Got divorced. and now got remarried. Council registration has been done as well. Now, i want to apply for the spouse visa meaning want to switch from current spouse visa to a new one. My question is that can i opt for premium service (one day service) , Fill up the FLR (M) form and go for it ? Or would i have to go for some different track ? And what are the challenges can i face in the process ? I called Home Office, i have been told that i can opt for premium service but i wasn't given any detail on that. So, i am worried if i opt for that and later on find out that i wasn't eligible for that and will loose all the effort and money as well in applying for premium service. Or instead of rejecting it, would they take my application and proceed it further if i opt for premium service ? Really need help regarding all this. Please help. Thanks.

[CR001]

Did your ex inform HO and have you received a curtailment letter yet?

[zeezupersonafied]

Nope. I actually don't know about that. If my ex informed HO or not. But could that be a problem for my next application ?

When i gave application for registration at council. They sent my docs to HO and there was this 70 days waiting period. Then got acceptance from HO.

So, i am asking what would be the visa application process ?

Thanks.

[zeezupersonafied]

Hi,

Still waiting on the reply. Anyone, please help. Thanks.

[CR001]

Apply then on FLR(M).

[zeezupersonafied]

Apply then on FLR(M).

Thanks CR001. Any other advice regarding this you or anyone else can give me regarding some other questions that i asked above ?

Thanks. Much appreciated.

[CR001]

You can apply by post or premium service, it is your choice.

[zeezupersonafied]

You can apply by post or premium service, it is your choice.

Thanks CR.

[zeezupersonafied]

Hi,

Hope you are well. I was reading on the official documents and just came across this revelation. Under the refusal reasons sections on the following official document which is here

Official Doc Link

On page 95 , the following is written.

You have applied for leave to remain/indefinite leave to remain (delete
as appropriate) on the basis of your partner [insert name] who is not the
same partner with whom you applied for your previous grant of leave.
You therefore fail to meet the requirement of paragraph E-LTRP.1.10. /
E-ILRP.1.4. (delete as appropriate) of Appendix FM to the Immigration
Rules.

Now, as i was planning to apply for FLR M . In my case , E-LTRP 1.10 applies which states the following.

E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.

Which is very daunting for me .

Does this mean that i cannot apply at all ? What should i make of this and what is the way out ? Please help.

Thank You.

[vinny]

Well spotted.

Unfortunately, this makes a refusal of FLR(M) likely. It looks like it’s safer to apply for spouse entry clearance from home country.