Spouse Visa & Separation

[starclassvenus]

My wife is a non-EEA national who has been living here for the past 2 years. We have decided that we are currently unable to live in the same space, but would like to remain open to the possibility of reconciliation.

From what I have read on the gov.uk site, at the point we separate we both have an obligation to notify the Home Office who will request a change of her visa category. Is this correct? Under this circumstance she would likely have to return to her home country which is far from ideal.

Thanks in advance

[Wanderer]

My wife is a non-EEA national who has been living here for the past 2 years. We have decided that we are currently unable to live in the same space, but would like to remain open to the possibility of reconciliation.

From what I have read on the gov.uk site, at the point we separate we both have an obligation to notify the Home Office who will request a change of her visa category. Is this correct? Under this circumstance she would likely have to return to her home country which is far from ideal.

Thanks in advance

She will have to return home unless theres another visa category she can switch too or maybe kids involved?

[starclassvenus]

No children thankfully.

I was hoping there would be some kind of grace period or similar

[noajthan]

...

Under this circumstance she would likely have to return to her home country which is far from ideal.

Thanks in advance

Dependent visas are not for life.
Is wife on a UK visa or on EU route?
Can wife stand on own two feet (in immigration context)?

[Casa]

Assuming that your wife is on the UK visa route and due to apply for a FLR(M) extension in 6 months time, this is when you will have to support her application and submit evidence that your relationship is still subsisting.

[starclassvenus]

Dependent visas are not for life.

Maybe not, but I feel callous taking that viewpoint when my marriage was supposed to be.

Assuming that your wife is on the UK visa route and due to apply for a FLR(M) extension in 6 months time, this is when you will have to support her application and submit evidence that your relationship is still subsisting.

You assume correctly, however the situation is further complicated by needing to apply for a BRP which was not issued when the original visa was accepted so that she can work. Otherwise the 6 months would be very useful.

[noajthan]

Dependent visas are not for life.

Maybe not, but I feel callous taking that viewpoint when my marriage was supposed to be.

Be that as it may, in the unromantic and hard-nosed UKVI context separation is to be reported asap if subsisting relationship has ended.
In the personal sphere there is ofcourse nothing stopping you being as compassionate as you clearly are.

[CR001]

You assume correctly, however the situation is further complicated by needing to apply for a BRP which was not issued when the original visa was accepted so that she can work. Otherwise the 6 months would be very useful.

If she has a visa vignette for the duration of her visa in her passport she DOES NOT need a BRP 'to work'. The visa in her passport is proof enough that she can work.

[starclassvenus]

You assume correctly, however the situation is further complicated by needing to apply for a BRP which was not issued when the original visa was accepted so that she can work. Otherwise the 6 months would be very useful.

If she has a visa vignette for the duration of her visa in her passport she DOES NOT need a BRP 'to work'. The visa in her passport is proof enough that she can work.

This is what I thought. However, her employer won't accept it - I think because she never applied for a TOC to move her visa from the passport in her maiden name to her married name. Does that make sense? Is that reasonable of her employer?

Apologies my question is a little OT. OP's prerogative?

[CR001]

Surely the marriage cert is evidence enough of her name and marriage status

Assuming of course that her passport is also in her maiden name, there should not be an issue.

[starclassvenus]

Thanks for all the replies, useful information.

I have one more question at this point - if the home office were notified and she was to switch to an alternative visa category, would she be allowed to remain in the country while the new application was pending?

[CR001]

It depends on the visa she might qualify for.

For example, Tier 2 General must be applied for from home country.