Spouse visa Lost

[l3aoud]

hello all

In November 2007 I would have had lived 7 years in the UK, I have had the following status

11/2000 04/2004 student visa

05/2004 11/2005 Work permit

11/2005 11/2007 spouse visa ( marriage breaking halfway )

Can anyone please tell me if i can use any of these years to extend my stay in this country in one form or another

I find it harsh that i should leave the country after all these years especially that I have been all time "economically" active and in line with the law.

on behalf of all those descent immigrants striving in their search for a better life, thank you all for this valuable website

PS scored 50 in the HSMP calculator

[Wanderer]

hello all

In November 2007 I would have had lived 7 years in the UK, I have had the following status

11/2000 04/2004 student visa

05/2004 11/2005 Work permit

11/2005 11/2007 spouse visa ( marriage breaking halfway :cry: )

Can anyone please tell me if i can use any of these years to extend my stay in this country in one form or another :?:

I find it harsh :twisted: that i should leave the country after all these years especially that I have been all time "economically" active and in line with the law.

on behalf of all those descent immigrants striving in their search for a better life, thank you all for this valuable website :)

PS scored 50 in the HSMP calculator :(

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.

You sure about HSMP, all the Indian lads I work with reckon it's much easier now, u can get most of the points with ur degree, age and experience on WP.

Steve

[Jeff Albright]

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.

[Mafia]

Yes, this is wrong advice, I am afraid.

Hmm …

If you were ever present yourself in a UK port of entry (e.g. airport) upon your return from holiday and asked by the Immigration Officer whether there has been any change in circumstances or whether you are still married, what would you say?

If your response to the Immigration Officer is that you are still married, you are clearly obtaining your leave to remain by “deception”. If your response is that you are no longer married, you may have your leave to remain revoked.

The Mafia …

[Jeff Albright]

If you were ever present yourself in a UK port of entry (e.g. airport) upon your return from holiday and asked by the Immigration Officer whether there has been any change in circumstances or whether you are still married, what would you say?

If your response to the Immigration Officer is that you are still married, you are clearly obtaining your leave to remain by “deception”. If your response is that you are no longer married, you may have your leave to remain revoked.

The topic under discussion does not address the situation when the author would need to travel abroad and then return. Clearly, it is not within his interests of doing so until he sorts out the basis for his further leave to remain.

[l3aoud]

You sure about HSMP, all the Indian lads I work with reckon it's much easier now, u can get most of the points with ur degree, age and experience on WP.

i have earned only 15k last year so i m getting 0 point for that

If your response to the Immigration Officer is that you are still married, you are clearly obtaining your leave to remain by “deception”. If your response is that you are no longer married, you may have your leave to remain revoked.

there has been no deception

So I would recommend that the author seeks leave to remain within the categories leading to settlement - HSMP, WP, business person.

how much chance I got if i wanted to switch to student visa?
i intend to enroll in a course immediatelly on P/t basis to go hand in hand with my current job and then convert to full time student when my visa expire.

[Wanderer]

how much chance I got if i wanted to switch to student visa?
i intend to enroll in a course immediatelly on P/t basis to go hand in hand with my current job and then convert to full time student when my visa expire. :idea:

And how would u finance the uni fees and accommodation and feed urself?

[l3aoud]

i have thought about that, I might be entitle pay as a home student , since i have been in this country this long.

I know this sounds desperate . I can not see any other options, i have sacrified lot (not just ££ but family freinds..) to get where I am now . and let it all go..

[Wanderer]

i have thought about that, I might be entitle pay as a home student :) , since i have been in this country this long.

I know this sounds desperate :( . I can not see any other options, i have sacrified lot (not just ££ but family freinds..) to get where I am now :x . and let it all go..

I don't think so since you've not been 'settled' in this country for three years. Some uni's bend the rules a bit tho - although we couldn't find and had to pay full fees....

Can u get another WP?

Steve

[l3aoud]

Can u get another WP?

when i had WP it was a struggle trying to keeep the job, becuase of the nature of the business. and my current job is just a credit controller so i have no hope in hell to get WP.

[Mafia]

As you have some experience in finance, you could try to get a training position for a professional accountancy qualification under TWES?

The Mafia ...