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UK Spouse VISA marriage breakdown

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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stupot
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Joined: Thu Nov 14, 2013 8:15 am
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UK Spouse VISA marriage breakdown

Post by stupot » Wed Nov 16, 2016 10:56 pm

Unfortunately I find myself in the same situation as Cantona7/Dave.

We are still together, but I don't see any other option than separating in the near future.

I understand that if that happens, I should send a letter to the Home Office, but my questions are about the timing/order of things.

Is this the correct order?
1. Separate
2. Send the letter to the Home Office
3. Apply for the 5-year parent route

What would be an acceptable delay between steps 1 and 2? I mean is it acceptable to have a trial separation to see if things improve before deciding that is it over? With regards to finances, where we find ourselves in a very similar situation to Cantona7 and his wife, I'm guessing some sort of binding separation agreement would need to be written in advance of applying for the visa to explain funds, correct? In fact is this usually done at the time of separation?

So my next question would be how much time would be allowed between informing the Home Office of a separation and applying for a visa as a parent of a British child? My wife's current (first) spouse visa doesn't run out for another year and a half if that makes any difference (though I suspect it doesn't).

Thanks for any and all replies. I can't seem to find this information anywhere.

stupot
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Posts: 25
Joined: Thu Nov 14, 2013 8:15 am
Location: Taipei

Re: UK Spouse VISA marriage breakdown

Post by stupot » Thu Nov 17, 2016 11:53 pm

OK, I guess my post got split out into its own thread, so it probably doesn't make complete sense. Cantona7/Dave's situation is described here: http://www.immigrationboards.com/immigr ... 14951.html

Again, any replies would be gratefully received.

Thanks.

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CR001
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Re: UK Spouse VISA marriage breakdown

Post by CR001 » Fri Nov 18, 2016 9:20 am

It is considered rude to tag onto other members topics, regardless of how 'similar' your situation is. It creates confusion when members respond and the poor OPs inbox keeps pinging for message that are not for him.

You need to follow the process that HO has started, link below.

https://www.gov.uk/government/publicati ... nsent-form

There is no set timeframe, but HO will almost certainly curtail her visa. She should apply FLR(FP) parent route sooner rather than later once you have separated and you have notified HO.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

stupot
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Posts: 25
Joined: Thu Nov 14, 2013 8:15 am
Location: Taipei

Re: UK Spouse VISA marriage breakdown

Post by stupot » Sat Nov 19, 2016 11:34 pm

Sorry about that. I didn't intend to be rude.

Thanks for your reply.

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