Situation at work Spouse visa

[Tatty]

Hello

Recent situation at work. I am not sure of all the details, but it looks like that.
Colleague at work is on a spouse visa - husband is British. My understanding is that she has been in the UK for 5 years now, 2 children were born here. She passed English language test, but failed Life in the UK test several times. Apparently her visa just run out, so she is no longer able to work. Husband told her that he is going to divorce her, and she will have to go back to her country (Uganda) and leave children in the UK with him. It looks like the girl blindly followed his directions in all immigration matters, so completely lost and devastated now.
Can anybody advise if there is any way for her to stay in the UK now and not to loose her kids? What steps needs to be taken?

Thanks a lot

[CR001]

She could apply on flr FP child route based on British children. It will likely be a 10 year route to ilr (4 x 2.5 year visas)

[Tatty]

She could apply on flr FP child route based on British children. It will likely be a 10 year route to ilr (4 x 2.5 year visas)

Thank you for your quick reply. Will she need anything from her husband to support this route? Can she do it from the UK?

[CR001]

No but she might need to provide evidence of children citizenship.

Yes, she should have done this before her visa expired

[Tatty]

No but she might need to provide evidence of children citizenship.

Yes, she should have done this before her visa expired

Thank you Char,

Does this mean that her application will be definitely refused or is there any "grace period"?

[CR001]

When did her visa expired?

FLR FP has no guarantees and it can take a long time in some cases.

[Tatty]

When did her visa expired?

FLR FP has no guarantees and it can take a long time in some cases.

2 days ago

[Tatty]

When did her visa expired?

FLR FP has no guarantees and it can take a long time in some cases.

2 days ago

Her visa run out 2 days ago. Will it play against her?
If she submit the application now , will she be able to work while waiting for the decision?
Thank you Char

[CR001]

She must apply for another visa within 14 days and provide a letter of the circumstances and why she is applying as an overstayer.

No, she cannot work as she has no valid visa to do so. She would only have been able to work if she applied online before her current visa expired.

[Tatty]

She must apply for another visa within 14 days and provide a letter of the circumstances and why she is applying as an overstayer.

No, she cannot work as she has no valid visa to do so. She would only have been able to work if she applied online before her current visa expired.

Thank you for the info. Really gives some hope.
the letter of circumstance - what this needs to say - "Was not able to pass the test", children are in the uk?