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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.
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.[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.
No.onja2009 wrote:Can I get ILR if I am separated from my spouse? if i just move out but do not go to court to make it legal?
287. (a) wrote:(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
there is no requirement that you need to be divorced. The rules don't even explicitly state that you need to be separated although in practice this is usually the case. You do need to have contact with your child though and you mentioned you had not seen your son since your wife had moved out. You should seek advice from a family solicitor about this.onja2009 wrote:Thanks for the reply..
But would I be granted access to child LTR when we are still married but separated? I thought it was for couples that have divorced(permanently)
My spousal visa expires late september. Do not want to escalate issues WITH LEGAL PROCEEDINGS NOW. I do send money monthly for the upkeep of my son. Also d social services have been contacted,was told an assessment would be done. but its been a long while.Kitty wrote:When does your spouse visa expire?
As Greenie says, you should consult a family solicitor and start the process of arranging access to your child.
Even if the proceedings are not finalised before your current visa expires, you should still be granted discretionary leave to remain while they are going on:
http://freemovement.wordpress.com/2011/ ... ion-cases/