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Getting divorced while on a 2 year stay in the U.K. !!!

Posted: Mon Jul 12, 2010 1:23 pm
by modernantiques
Hi everybody.
I met my wife in Feb 2008, she was in the U.K. on a work visa which had already exired. She is Canadian and after a few months we got engaged.
In July 2008 she went back to Canada to visit her sick dad, whilst she was there she applied for a Marriage Visa (giving us 6 months to get wed). She returned to England and on March 3rd 2009 we were married.
Straight after the wedding we applied for her 2 year visa which was approved ..... meaning in March 2011 she could apply for full U.K. citizenship.
The relationship didn't work, I ended up being bled dry of all my savings and seriously think I am the victim of a woman who just wanted to live in the United Kingdom. She moved out of our house on March 20th 2010 and is now living in Scotland, where funnily enough, her ex-boyfriend lives!!!
Now .... my question .......
Does anybody know what will happen next March when her citizenship is due for processing???
I want to divorce this woman, will she still be able to stay here in the U.k.?
For the 2 year visa i interviewed at the immigration offices in Sheffield .... will they want to see me again?
Oddly, she is now asking me to move to Scotland for a year to "try and work things out" .... could it be that she is wanting me to 'be with her' when the citizenship is due???
Sorry for the long post ..... any help would be greatly appreciated.
Thanks in advance!!

Posted: Mon Jul 12, 2010 2:08 pm
by Backer
I thought a spouce can get ILR and then citizenhip after 3 continuos years in the UK and not 2. That means in your case it might March 2012 and not March 2011. How long was she away from the country in 2008?

In any case, teh rule wil change by Summer 2011 making it at least 5 years to wait assuming she will still be amrried to you.

Posted: Mon Jul 12, 2010 3:19 pm
by modernantiques
Backer wrote:I thought a spouce can get ILR and then citizenhip after 3 continuos years in the UK and not 2. That means in your case it might March 2012 and not March 2011. How long was she away from the country in 2008?

In any case, teh rule wil change by Summer 2011 making it at least 5 years to wait assuming she will still be amrried to you.
She went back to Canada for 11 weeks in 2008, she also went back last year for her dad's funeral.
We were 100% told that the current visa is 2 years and that she could apply for full U.K. citizenship in March 2011.

Posted: Mon Jul 12, 2010 4:09 pm
by f2k
She will need to get Indefinite Leave to Remain (ILR) first for which she will need your support and proof that you have been living together as per condition of the spouse visa

Posted: Mon Jul 12, 2010 5:37 pm
by modernantiques
f2k wrote:She will need to get Indefinite Leave to Remain (ILR) first for which she will need your support and proof that you have been living together as per condition of the spouse visa
thanks.

Posted: Tue Jul 13, 2010 12:12 am
by mochyn
Since you married in March 2009, she needs your sponsorship to get her ILR in March 2011.
This gives her the right to stay in the UK but to become a citizen she needs to live here for 3 years ie 2012.
If you want her to leave the UK you need do nothing but withdraw your support.
Sounds as though she left you too early and is now trying to put right her mistake

Posted: Tue Jul 13, 2010 4:37 am
by newperson
If you want to inform the Home Office that the nature of your relationship with your wife has changed, it is your right to do so. Visit this website at the Border Agency:

http://www.ukba.homeoffice.gov.uk/partn ... nshipends/

All you need to do is inform them by letter at the address provided there.