Help Needed

[pat grey]

I am married to work permit holder for the past 7 year, i am due to apply for ILR next but he has refused to support or renew my visa for me, what should i do, can i apply without him supporting me, i have been in the UK legally for 7 year.

[Obie]

No you cannot, unfortunately. He needs to add you as a dependent on his ILR application. If you had been in the UK for 10 years, then you could have applied in you own rights under 10 years lawful residence rule.

You really haven't got a foot to stand on. You need to try and patch things up.

319E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made.

[pat grey]

thanks for your response much appreciated. i am currently in a good employment 'recruitment' can i apply for a work permit of my own or switch my visa to another category? does my visa stop instantly as a dependant if he desides to divorce me or i'll have time to sort my self out. please do help as this is depressing me.. thank you

[Wanderer]

thanks for your response much appreciated. i am currently in a good employment 'recruitment' can i apply for a work permit of my own or switch my visa to another category? does my visa stop instantly as a dependant if he desides to divorce me or i'll have time to sort my self out. please do help as this is depressing me.. thank you

Your employer would have to apply for work permit (tier 2 now) and would need to hold a licence to sponsor people on Tier 2. It's not possible to apply as yourself, however you can apply for Tier 1 if you have a Masters Degree or better. This means you are not dependant on ur employer and are free to change work-wise.

However it's not possible to switch in-country, and as you will have a gap between visas and be out of the country, it's probable your ten-year clock for ILR will be reset to zero at this point.

[Obie]

The Home Office says you have to be in a subsisting relationship, therefore i don't think you will be allowed to stay much longer, if he reports that your relationship has broken down, even without a divorce.

You can start working on the work permit, and see if you can go to you home country and apply in your own right.

I think the 10 years clock will not stop ticking, if you went out for a short period.

[keshgrover]

The Home Office says you have to be in a subsisting relationship, therefore i don't think you will be allowed to stay much longer, if he reports that your relationship has broken down, even without a divorce.

You can start working on the work permit, and see if you can go to you home country and apply in your own right.

I think the 10 years clock will not stop ticking, if you went out for a short period.

Obie, if her child is registered as British (Which i am not sure) cant she apply for excess to child visa and will be granted ILR after one year?

[Obie]

Kesh, OP hasn't mentioned any child, in any case, the husband would first need to apply for settlement, before any child born in the UK to them can be registered . Although if both child and husband obtain settlement status, wife will qualify. The point is, husband doesn't won't to support wife's application, therefore i can see him offering to help her in any way.

Due to the fact that OP is not in particularly good terms with the husband, i will not advise her to do that. The process involves awarding full custody to the other partner, which can sometimes end in tears.

[keshgrover]

Kesh, OP hasn't mentioned any child, in any case, the husband would first need to apply for settlement, before any child born in the UK to them can be registered . Although if both child and husband obtain settlement status, wife will qualify. The point is, husband doesn't won't to support wife's application, therefore i can see if offering to help in any way.

Due to the fact that OP is not in particularly good terms with the husband, i will not advise her to do that. The process involves awarding full custody to the other partner, which can sometimes end in tears.

Sorry Obie, Just had blind eye. Long day. Yes I do agree with you.