Hi All
Really hoping that you can advise me on the best way forward. I know that I have posted here before about my queries and success stories, but really have a huge problem now and don't quite know what is the best to do.
Quick Background
I arrived in the UK december 2008 on a UK Ancestry visa with my British Husband. My daughter (not husbands' child) arrived in October 2009 on Dependant of UK Ancetry etc. My daughter and I both switched from a UK Ancestry visa to spousal visa in April 2010. My daughter and I qualify for ILR in March 2012 and immediately after that is granted we qualify for BC as I would have been in the country for more than 3 years and she will still be a dependant under the age of 18.
My husband and I got married in September 2007.
My marriage has now broken down for a number of reasons and to top it all of I am currently unemployed for just over two months and I am the bigger earner in the household. My husband will be moving out as soon as I get a job, which will be within the next month. He has indicated that he will support my application for ILR and BC and then divorce once BC is granted. He said that he is moving into shared accommodation so that there are no bills in his name and will leave his address etc as the property we live in at the moment and he will collect his mail every two weeks. I however, will be left with all the joint bills etc on the house. Also, my daughter and I are planning a holiday abroad in August and my other concern is that we get questioned, like we did when we returned (with my husband) from abroad last year.
One of my main concerns is that my husband changes his mind or gets involved with someone else and then becomes really difficult about my ILR or his new partner does or even worse, that he decides to move to Spain or something.
I am aware that in terms of the spousal visa and immigration rules, UKBA have to be notified immediately if the circumstances change or the relationship ends.
I have read the post below and don't know if it would apply to me or only to non-EU married to EU. By the way, I am a South African citizen.
http://www.immigrationboards.com/viewtopic.php?=19529
If this does apply to me, how do I go about it as we have been married for more than 3 years and have lived in the UK for more than 2 years.
Alternatively, would I be required to switch back to the UK Ancestry visa as I qualify for this route, as I want to remain in the UK as my parents, brother and sister are here. If I have to switch back, would it be a reasonable request to ask UKBA if they could backdate it to my original UK Ancestry visa / first date of entry to UK, eg. 29 December 2008 due to the unforseen circumstances?? Otherwise I have to start 5 years from the beginning again the last two and a bit years would have been wasted, never mind all the visa costs for two people that I have had to pay.
Any help and advice would be greatly appreciated as I don't at this stage want to contact UKBA for advice. I just don't wish to find myself in a difficult situation in March next year if my husband changes his mind and decides to be spiteful.
Many thanks
CAR
P.S. forgot to ask, if switching back to UK Ancestry is the right way, do I do this while I am still married or do I wait for the Decree Absolute once divorce is final.