Foreign National pregnant and looking to divorce British Nat

[lindamo]

I am a Cameroonian girl whose student visa has recently run out and have been married to a British National for 3 months. I am 10 weeks pregnant but my husband has become intolerable to live with and is asking for a divorce. We applied for me to extend my leave to remain for two years but the Home Office is taking ages to process the application. My husband no longer wishes to carry on with the relationship and is asking for the return of the documents and to cancel the application.

My question is where I stand with regards to remaining in the UK if we divorce and the extension application is cancelled and also regarding my pregnancy. If we divorce and the application is withdrawn, will I be at risk of deportation?

What are my chances regarding this whole situation?

[Obie]

It is quite odd that a man will do this to his pregnant wife.

without the baby, and in the absence of any domestic violence issue, i think your options are really limited.

I do sympathise with your plight though.

Do you have a leave to remain at present?

[Casa]

Under British law, a couple are unable to divorce until they have been married for a minimum of 12 months. Once your baby is born, your rights should be stronger. In the meantime, you should seek legal advice.

[Franko]

Remember a divorce does not happen overnight, the minimum it will take is about 3 months. However this is if you agree to the divorce and your husband can prove grounds. As you are pregnant with his child you will obviously want a financial settlement that means you and the child will be catered for. All this takes time.

[Casa]

As I've already said, a divorce petition can't be submitted until the couple have been married for a minimum of 1 year. In which case, divorce proceedings can't be started for another 9 months.

[Obie]

If this was a community law case, i would say she need not worry, so long as there is no divorce. The problem is, such is not the case under the immigration rules.

Under UK national immigration rules, the OP is required to be in a subsisting relationship as man and wife. Seperated couple are not covered by the rules, except there is domestic violence.

I willl suggest that OP keeps her head down, give birth to the baby in the UK, then try and apply under Zambrano, proceed with the divorce, and take this man to the cleaners. Provided of course that he is the father of the child.

He had no right, in my view, to treat the mother of his unborn child this way.

Whatever the circumstance.