cancellation of spouse visa

[16barz]

hi guys i have been having serious problem with my spouse who is currently on spouse visa. she is currently on her second 2 and half years spouse visa which has been granted, and then after that she will be elegible to apply for her stay as it would have been 5yrs in total.

we currently have a child together british born.

so my question is, what will have if i dont fill for her again to stay in the UK when her visa expires and up for renewal.

[AmazonianX]

There are other means of having legal stay in UK if she explore options that could be available to her and she qualifies for.

[Londoner007]

She will have reached 5 years lawful stay in UK and also has a british child so will get ILR.

[secret.simon]

She will have reached 5 years lawful stay in UK...so will get ILR.

I believe that she will still need to demonstrate that she has a subsisting relationship with her British/settled spouse when she applies for ILR. And if the spouse (the OP in this case) is not co-operative, she may not be able to get ILR.

That is to say that five years of a spousal visa does not lead to ILR if the relationship it is based on is no longer subsisting.

It is the same with five years on a work visa. The employer is expected to issue a letter stating that the employee will be employed for "the foreseeable future" for the employee to apply for ILR based on the five year Skilled Worker visa route.

Merely having five years of either work visa or spousal visa in the past is not sufficient. It needs to be ongoing for an ILR application to succeed.

The OP could inform the Home Office of the marriage breakdown, in which case the spouse may have to apply for a visa based on being the parent of a British child, which may reset the ILR clock too.

[Londoner007]

That is true, but what other choice does she have. She wont be fulfilling the 5 year route to ILR. Most likely will ultimately get leave through human rights based on stay in UK before marriage breakdown and also british child.

If you've been in the immigration game a while you'll know that, that is what will mostly likely be the outcome.

[16barz]

Thanks guys for the great insight much appreciated. From all You guys have said I guess I can't get rid of her by not signing her next visa application. Thank you all your inputs on this matter.

[Londoner007]

Why would you want to get rid of her just because things didn't work out, plus there is a child who has the right to family life in UK as he was born here!

Leave the decision to the decision maker and the ultimate decision maker on her stay, its no longer in your hands