kbrownn wrote:Hello
I need a thorough advice.
I am married to a british citzen and we have a child but she threatens me everytime that she can divorce me and I would not get my ILR nor citizenship.
I have gotten tired of it and plan to return back to studies. I was on a student visa before we married. I have done 2 masters degree and was doing my PHD before we got married.
please is it advisable to get my FLR(M) changed to student visa so I am not dependant on her again.But would still be married. Just want to show her i would not be held to ransom.
please what can I do.
Unfortunately you will not qualify for student visa, except you leave the UK and reapply from overseas.
The reason is that you will be disqualified by virtue of 245ZX (b) as your last leave to remain was not as a student but spouse of a British Citizen.
[b]245ZX. Requirements for leave to remain[/b] wrote:
To qualify for leave to remain as a Tier 4 (General) Student under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the applicant will be refused.
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 have, or have last been granted, entry clearance, leave to enter or leave to remain:
(i) as a Tier 4 (General) Student,
(ii) as a Tier 4 (Child) Student,
(iii) as a Tier 1 (Post-study Work) Migrant,
(iv) as a Tier 2 Migrant,
(v) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(vi) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(vii) as a Postgraduate Doctor or Dentist,
(viii) as a Prospective Student,
(ix) as a Student,
(x) as a Student Nurse,
(xi) as a Student Re-sitting an Examination,
(xii) as a Student Writing-Up a Thesis,
(xiii) as a Student Union Sabbatical Officer, or
(xiv) as a Work Permit Holder.
I can see your intention is not to proceed with divorce, but this direction might put more strain on your relationship, and your rights might be further curtailed, which might in turn affect your income, and put more strain on your relationship. It is best to reassure your wife that she does not need to exert pressure on you, or threaten you in any way, as your intention in the relationship is not for residency but out of love. Try to calm any insecurities. If this does not work, then you can apply for entry clearance from oversea or wait until you have obtained your ILR, and i am sure she will not jeopardize it . I wish you all the best. But think carefully what options you want to take and the possible implication.
