How to separate from non-eu wife in UK

pr81968196 · Post by **pr81968196** » Tue Nov 15, 2011 6:34 pm

Hi, I am tier-1 holder and i have been married for few years now and our marriage is in trouble. My wife has threatened me of DV law, and complaining to police. I want to get separation from my wife. The problem is my PR is approaching and she doesnt want to leave me for the sake of PR and good salary she's getting from her job. I couldnt convince her to go to India to sort the separation over here and she wont make it easy for me. Also I have now committed to purchase anew house, which I can rollback now. Please suggest what should I do in this regard. Can I file just my PR and leave her and then move ahead for separation, so as to avoid any chances to jeopardise my work and PR? If I do this, then will this create any legal issues for me?

Post by **Lucapooka** » Tue Nov 15, 2011 6:52 pm

She can't apply for ILR without your sponsorship (it has to be a joint application made on the same form). The other issues are not immigration matters and you should seek advice from a specialist in Family law.

Post by **Obie** » Tue Nov 15, 2011 8:04 pm

Filing for a divorce will have no effect on your ILR application, if anything, she will be the one at a disadvantage. What could be potentially problematic for you is if she continues reporting you to the police and your ILR application is jeorpordise as a result of this on character grounds.

pr81968196 · Post by **pr81968196** » Wed Nov 23, 2011 6:21 pm

But Can I apply for separation while living under the same roof? Or is it possible if we go to India and file divorce petition over there if things doesnt work out. Then thru legal channels we can prevent her from entering UK. I can come back and inform Home office that we are separated and to curtail her visa.

Post by **Lucapooka** » Wed Nov 23, 2011 8:37 pm

Curtailing her visa is none of your business; that is a matter for the UKBA and something over which you have no control. You and your wife have legal rights under family law and I certainly hope she taking the appropriate advice.

pr81968196 · Post by **pr81968196** » Fri Jan 20, 2012 12:57 pm

I have now separated from my wife and I have also sent a PBS MCC form with the divorce petition copy (Indian court) to UK HO in Sheffield. Please could anyone tell me how many days or weeks or months did UK BA takes to decide and what is their process to decide on whether they will and when they will curtail her visa.
I gave her address in the PBS MCC form as the address where we were living on rent, but now she has moved out of it to some unkown place. She is working here in UK but her HR department is not telling me where she is. I suspect if she has gone back to India or still in UK.

Family · Post by **Family** » Fri Jan 20, 2012 1:24 pm

pr81968196 wrote:I have now separated from my wife and I have also sent a PBS MCC form with the divorce petition copy (Indian court) to UK HO in Sheffield. Please could anyone tell me how many days or weeks or months did UK BA takes to decide and what is their process to decide on whether they will and when they will curtail her visa.
I gave her address in the PBS MCC form as the address where we were living on rent, but now she has moved out of it to some unkown place. She is working here in UK but her HR department is not telling me where she is. I suspect if she has gone back to India or still in UK.

UKBA will never tell you, if they curtailed her visa, as it is between UKBA & your wife. As per data protection act, UKBA is not allowed to give you any details of her, unless she allows it.
I do not try to frighten you, but would suggest, you to sort out the matter outside the courts / legal authorities, specially if there is a child in yor family. Other this may continue for a long time & no body will gain anything. Her reporting anything against you to POLICE etc. does not create any issues w r to immigration, PR, unless you are convicted by COURT, arrested by POLICE etc.

Mr Rusty · Post by **Mr Rusty** » Fri Jan 20, 2012 3:30 pm

As Lucapooka has already stated, she can not achieve ILR directly from her current status unless you sponsor her. You ask about UKBA curtailing her leave, but you have not said when her/your leave is due to expire. If this is within 6 months, they will certainly not curtail it, and I suspect that they would be cautious about curtailing the leave of a dependant anyway. So you just have to wait until your time comes to apply for ILR and pursue your own application.
As you have separated and instituted divorce proceedings, you should take the attitude that whether she remains in the UK or returns to India is nothing to do with you. She will find it very difficult to make an application for FLR in her own right. The provisions of Para 289A of the Immigration Rules (Victims of Domestic Violence) do not apply to her because she is not the spouse of someone already settled in the UK. Nevertheless, you should be very cautious about any meetings with her, and make sure there is a third party present, just in case.

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How to separate from non-eu wife in UK

How to separate from non-eu wife in UK