UK Spouse VISA marriage breakdown

[Cantona7]

Hi,

I am currently married to a non-EU national who is currently on her second term of FLR(M) under the new rules. We have a 6 year old son here who although born outside the UK, is a British passport holder and very settled here. Recently our marriage has hit hard times and really we are only continuing our relationship for the sake of both being able to share access to our son.

Does anyone know if there is any options available to us if we were to separate or are we forced to see out the remaining 2 years until she is able to qualify for ILR?

I see there is an option for remaining in the UK as a parent of a British child, but I don't know if she would be able to transfer from the spouse VISA or what her chances are of receiving it. She does not currently work as she is studying for her English qualifications and she is a full time mother. I work long hours and couldn't care for the child on my own.

Any help or advice would be greatly appreciated.

Apologies if there is a similar post somewhere, but I couldn't find one in the search facility.

Many thanks.

[Obie]

She may switch to the 5 years parent rule if you are not in a subsisting relationship, she will need to pass English language and show she has sufficient means of maintaining herself without recourse to public funds.

[secret.simon]

Just to clarify, what is your status?

[Obie]

Giving the fact your partner has FLR (M) and your son who was born outside the UK us British under section 2 (1), it will be a logical deduction that you are British otherwise by descent right?

Not that I think this will have any effect on the position of your wife after you separate.

[Cantona7]

Thanks for your responses.

Yes I am a British born national.

She would meet the language requirements, but I don't think she would meet the financial requirements for the 5 year route if my income wasn't taken into account. I dont suppose 18.5k payments from me would count? I guess she might be able to take the 10 year parent route and that wouldn't be an issue?

[Cantona7]

I only ask as I know being surrounded by an unhappy marriage isnt doing my son or wife any favors, but I suppose that's better than not having two parents present in his life.

[Obie]

Is 18.5 k your yearly salary.

[Cantona7]

Hi Obie,

No, I earn around 40k per anum. I assume for the 5 year route she would need to prove income of 18.6k, which she would have no hope of realistically achieving without my funding as she caring for our son outside of school hours. While I would be more than happy to fund her, I doubt this would be seen as an acceptable source of funds and hence would have to take the 10 years route?

Kind regards, Dave

[Obie]

Well there is no minimum income threshold for parent route. Sufficient resource not to be a burden is applicable is applicable.

Maintenance support from you, will be accepted as her income.

[Cantona7]

Thanks for your help Obie. I was struggling to find information on the financial requirements and thought they would be the same as required for FLR(M). Do you think the monthly transfer of a substantial amount of money from my account to my wife, that was enough to cover her accommodation and monthly out goings would be sufficient to satisfy the UKBA?

[Obie]

It is hard to understand your plan.

You intend to get a new home for her and your child. Pay the rent and maintenance.

How can the government be assured this arrangement will commence after she had secured leave to remain?

I am assuming you are currently living together as a couple in the same household.

Have you notified the authority that the relationship has broken?

If the child is 6 years old and goes full time school, could she nor work? Or she does not intent to?

[Cantona7]

Apologies, that's because I don't understand how it could work either. As you say how could the government be assured she would be maintained? I have a feeling she would have her parent VISA application rejected on those grounds.

She intends to work in the future, but currently she is in college 2 days a week and I don't have any family that live locally to help care for our son out of school hours. The costs of child care have offset any income she would gain and I have had enough earnings to cover the both of us until now.

I have not informed the authorities as we are still technically together in the same household, albeit both miserable.

[Obie]

I see. I can imagine what a dreadful situation you are in..
HAve you discussed with her what she wants?
If relationship is not working and no prospect of making it work, no point in wasting each others life.

She does not have any savings right?

Well I suspect you could draft a formal arrangement undertaking to provide a certain amount of maintenance, which after taking her rent , council tax , will enable her to provide her needs without resorting to public funds.

[Cantona7]

Hi Obie,

Much appreciation for the advice.

No she does not have any savings, although I do.

I think we will just try and persevere on with the marriage for now in the hope things get better, but I will talk to her and it is good to know what options are available.

Kind regards,

Dave

[Obie]

You are welcome. Hope things work out.

If in the unfortnate event of thingsnot working, and you both wish to move on with your lives with other partners, yes there will be options.

As you said, if it does not work out, then staying in a relationship of misery will not benefit your child or any of you for that matter.

You will just lose precious times of your life.

It will amount to further resentment of each other in the long run.

Take care again.

[Wanderer]

Hi Obie,

Much appreciation for the advice.

No she does not have any savings, although I do.

I think we will just try and persevere on with the marriage for now in the hope things get better, but I will talk to her and it is good to know what options are available.

Kind regards,

Dave

Isn't a marriage bout sharing these things?