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chickpea wrote: ↑Mon Mar 11, 2019 8:57 pmThanks for the reply - the immigration lawyer I asked (who came highly recommended) said that she would never advise perjuring oneself (ie he can't say he intends to live with me) and on top of that the high fee makes it even more unreasonable to do so.
I'm certainly open to suggestions though, I have collected all the documents for application by the end of March.
So husband has now said he doesn't want to submit ILR for me and in any case the immigration lawyer I asked said bad idea/perjury. So I'm out of luck there (but saving £3k?!).wahi66 wrote: ↑Tue Mar 12, 2019 12:44 amI would say ask your husband to get you through this after all its just the matter of couple of months. you guys dont have to be live together as you already got all the docs for application. you can move out temporary and called it a think about time just like in fight days etc.
in return you can offer him smooth and easy divorce and no fight on financial matters.
you/he can even start the divorce proceeding shortly after ILR application because it gonna take time for sure even if its a mutual consent divorce.
well unfortunately, there is nothing much you can do and most likely you ll have to go back to your country and try find another way to come back. if you had a child then things would have been different. but you will get a chance to give him tough time during divorce proceedings.chickpea wrote: ↑Sat Mar 16, 2019 11:20 amSo husband has now said he doesn't want to submit ILR for me and in any case the immigration lawyer I asked said bad idea/perjury. So I'm out of luck there (but saving £3k?!).wahi66 wrote: ↑Tue Mar 12, 2019 12:44 amI would say ask your husband to get you through this after all its just the matter of couple of months. you guys dont have to be live together as you already got all the docs for application. you can move out temporary and called it a think about time just like in fight days etc.
in return you can offer him smooth and easy divorce and no fight on financial matters.
you/he can even start the divorce proceeding shortly after ILR application because it gonna take time for sure even if its a mutual consent divorce.
So back to original question:
ANY advice on my rights or what might happen if I do *OR* if I don't leave the UK by the expiration of my current LTR...?????
I am hopeful I might get a job making enough to switch to Tier 2, but my experience ever since the referendum makes me pessimistic re: my chances.
Question: any experience of - or thoughts on - what happens if you do NOT overstay but then come back in to finish up moving & legal stuff? I'm not going to move ahead of the date as I am working until the day before my LTR expires. I plan to exit to the EU then come back and finish up moving. (This is in part because I am applying for jobs in England, Scotland, NL, etc and no idea where to ship stuff to yet in any case.)
What ties to the US will you have when you visit, to show you will leave again?chickpea wrote: ↑Sat Mar 23, 2019 12:00 pm
I plan to exit to the EU then come back and finish up moving. (This is in part because I am applying for jobs in England, Scotland, NL, etc and no idea where to ship stuff to yet in any case.)
I anticipate trouble re-entering. I'll be with my 78 year old mother as well. I thought perhaps a note on letterhead from my lawyer stating I am just in process of divorce etc. Any other thoughts welcome.
wahi66 is correct... it is precisely because he has been supporting me that he'll have to continue to do so for whatever a reasonable length of time is determined to be. As I can prove I have been job hunting widely and continuously for 3 years, the court will not assume I can get work. (I've even been turned down for temp work, which is either age-ism or over-qualified...?!) I'll also be able to claim half of any assets acquired during the marriage - which is basically all of them. In any case, as angry as I am I don't have the intention to clean him out, I just need enough to get back on my own feet somewhere.wahi66 wrote: ↑Sun Mar 24, 2019 1:28 amnaah still either spouse can strecth the proceedings unreasonablely and specially financial matters can rolls you in even after 5years old marriages. she can also claim one off payment or maintances even because other spouse is full time worker and earning more then her.
looks like something better then nothing.
Divorce proceedings in the UK is not proof of ties to the US to show that you will leave the UK after your visit, neither is bringing your elderly mother with you.
wahi66 wrote: ↑Sun Mar 24, 2019 1:28 am
naah still either spouse can strecth the proceedings unreasonablely and specially financial matters can rolls you in even after 5years old marriages. she can also claim one off payment or maintances even because other spouse is full time worker and earning more then her.
You don't need a PRE APPROVED visit visa, however you get stamped in as a visitor on arrival and you are still required to satisfy the IO that you are a genuine visitor with strong ties to your home countyr, which in your case will be difficult if you have been living here for 5 years on a spouse visa which is recently expired AND you are still married to a settled/British spouse. Note that your mother would have to also satisfy the IO to be granted entry to the UK. You do risk being refused entry to the UK.1. Visit visa not applicable, Americans do not need a visa or documentation. For the third time: a plane ticket will certainly suffice. I'll be sure to double check again with my immigration lawyer. I'll let you know if I get barred from entering!
Any aspect of your divorce and/or settlement etc is not relevant to immigration issues.2. Helpfully the kind and considerate (non-ambulance chasing) divorce lawyer I have seen has a completely different answer about funds & maintenance. So I'll go with trusting him, as he has about 30 years of legal experience. Thanks.
JB007 wrote: ↑Mon Mar 25, 2019 11:37 amwahi66 wrote: ↑Sun Mar 24, 2019 1:28 am
naah still either spouse can strecth the proceedings unreasonablely and specially financial matters can rolls you in even after 5years old marriages. she can also claim one off payment or maintances even because other spouse is full time worker and earning more then her.
It doesn't matter how long they try to drag out the dirvorce, the marriage has failed in a short time and that is what any financial award wiil be judged on.
negative. whatever gain has been achieved during marriage time (one year or 50 years) would be consider mutual wealth weather one pound or one million regardless of who earn and who doesnt.
The fact that one party worked full time and the other didn't, doesn't mean that the one that worked full time has to pay for their ex for years on end.
agreed and so time can be argued based on multiple factors such as, age, income, medical conditions etc etc but even in worst case one partner will get somehow something financially
If there were children involved and both parents decided that one parent should stay at home to raise their children, that is a different matter, but is not the case here.
agreed.