Wanderer wrote:
I think ur only chance would have been 10 years legal stay in 2010 but it appears ur stay is not legal now if you haven't yet left the country. If ur marraige is no longer subsisting ur visa is invalid. I could have that wrong tho - wait for others.
Yes, this is wrong advice, I am afraid.
I came in 1997 with the visa until 1998 as a spouse. My marriage broke down in 2 months. It was open for the IND to curtail my leave (as this is what the procedure is in such situations if they become aware of it) but they had not done so. They were aware. It was confirmed on the IND records that my stay was legal throughout the whole duration of my initial leave.
Therefore, the author is ok to stay until the end of his spouse visa unless his wife informs the IND that their marriage broke down. The IND may then instruct a Local Enforcement Office to make a home visit to interview the author. The report will then be sent to Central Casework Directorate, who will make a decision on whether to curtail leave. There is no right to appeal against the curtailment.
Curtailment is the only option by law to boot the person out of the country prior to the expiry of his leave. There is a case law that prohibits otherwise - once the IND tried to exclude the Chinese who dropped out of his university course while being on a student visa. He appealed. The Tribunal ruled in favour of the appellant. After that the IND have become more careful.
If the author's wife does not report, then the author will have time to figure out what leave to remain to apply for next. Any leave within non-settlement categories is likely to be refused, because the author was already in a category leading to settlement. It will not be possible to prove the returnability requirement in such a case. So I would recommend that the author seeks leave to remain within the categories leading to settlement - HSMP, WP, business person.
Good luck.