Spouse Visa and Separation/Divorce

[Gagan1986]

Hi,
I am naturalized British citizen got my citizenship in Sept 2015.
I got married(arranged) in india in March 2016 earlier this year and my wife is Indian national who got her spouse visa in May 2016 for 3 years.
Since she has come to this country i have been having lots of issues with her from unreasonable behavior to aggression, firstly refusing to work, then when started working refusing to pay anything. She has no respect for this relationship and i have now started to get a feeling that she is just waiting for 3 years to get over to get citizenship. i feel victimized and harassed at times and don't know which way to go.
Where do i stand if i wish to seperate and file a divorce?
We have in Scotland and did not register our marriage here in the UK.
I look forward to any advice or comments.
Regards

[CR001]

i have now started to get a feeling that she is just waiting for 3 years to get over to get citizenship. Residing in the UK as your spouse for 3 years DOES NOT make her eligible for citizenship. She has to complete 5 years as your spouse in a subsisting marriage to qualify for ILR and only once she has that, can she apply for citizenship. She will need a FLR(M) visa extension before her current visa expires and will have to meet all the same requirements as she did when she initially applied and will need your support to get an extension and ILR.

i feel victimized and harassed at times and don't know which way to go. Only you can make a decision on what to do.

Where do i stand if i wish to seperate and file a divorce? If you separate or divorce, you have an obligation to inform HO of the change in circumstances and that your marriage has broken down and is no long subsisting. See this link for the form you will have to complete Inform UKVI of a Relationship Breakdown Statement and Consent to Inform (click)

We have in Scotland and did not register our marriage here in the UK. There is no requirement to register a foreign marriage in the UK but you can still divorce in the UK through the courts. Cheaper in Scotland than in England too.

[Gagan1986]

Many thanks.
If i apply for separation in Scotland, there are two ways:-

If it is mutual, you have to live separately for 1 year.
If one of them doesn't agree(which she won't), then its two years.

Question is i will be inform HO about separation, will she be granted to stay in the UK until 1-2 years elapse or she would have to go to the home country?

Question 2 - If we go to India and i file a divorce there and inform HO, would she be allowed to enter the country back?

[CR001]

Question is i will be inform HO about separation, will she be granted to stay in the UK until 1-2 years elapse or she would have to go to the home country?

You need to inform HO once she is no longer in a subsisting marriage, i.e. moves to live somewhere else. What HO does from there will not be communicated to you. HO will likely curtail/cancel her visa as her right to remain in the UK is wholly dependent on a you and the subsisting marriage.

Question 2 - If we go to India and i file a divorce there and inform HO, would she be allowed to enter the country back?

You need to inform HO before divorcing. Don't lie to HO, ever. Be honest with your facts. If you notify HO before divorce etc, likely there will be a note on the system and she will likely be refused entry. If you divorce in India, make sure it is a proper legal process. Getting your wife to go to India might be a challenge.

[seagul]

It usually happens when a person gets liberty from tight family set up. I will suggest you to verbally tell her the consequences what could affect her before doing anything practically. Report that issue to back home families too including her relatives here and if nothing works then as cr001 said that divorce her legally in India if marriage is not registered in uk.

[Casa]

It usually happens when a person gets liberty from tight family set up. I will suggest you to verbally tell her the consequences what could affect her before doing anything practically. Report that issue to back home families too including her relatives here and if nothing works then as cr001 said that divorce her legally in India if marriage is not registered in uk.

The divorce can still take place within the UK even though the marriage hasn't been registered here.

[Gagan1986]

I can proceed with the divorce here in Scotland for unreasonable behavior and do believe she has some sort of mental health issues as she gets hallucinations all the time. But the law here states do stay separate for two years. I believe when i notify the HO they might curtail the visa but not sure they will do definitely do that?
Another risk i have here is she might try to create a scene here and try to put all sort of blames on me for which i have not done anything.
I am trying to take her to India and then legally go for the divorce and notify HO subsequently.
Any thoughts?

[Gagan1986]

Any one with anymore suggestions?

[CR001]

Any one with anymore suggestions?

What more exactly were you expecting? We have provided the links to notify HO, which you should do from when the relationship has broken down. Anything outside of immigration, you will need to find another platform to ask questions.

[Gagan1986]

Hi All,
Need urgent help from you all.
I am a naturalised British citizen married last year to Indian citizen who is in the U.K. on a spouse visa. We had few issues initially and were thinking about separation. Our relationship has been up and down since she came to the UK. We were talking about separation last week but this week she suddenly found out she is pregnant(unplanned)and doesn't want to terminate. She from the very start had no intentions to go back to India. What will happen if I want to press for separation/divorce while she is pregnant? What will happen to her immigration status?

[noajthan]

Spouse's visa status will terminate; you are obliged to advise UKVI of such a change in circumstances:
https://www.gov.uk/visas-when-you-separ ... ome-office

Wife returns home unless she can switch visa category on her own merits.

[Gagan1986]

Apologies, tried to post this last night and it was showing an error. Wasn't sure it had been posted. Had another question, does her pregnancy not have any influence her staying in this country?

[Wanderer]

Apologies, tried to post this last night and it was showing an error. Wasn't sure it had been posted. Had another question, does her pregnancy not have any influence her staying in this country?

Not in itself, no. From then depends of you are seeking some sort of custodial rights or access rights to the child but as it's not born yet that point is moot.

[Gagan1986]

Thank you.
What she goes back to India and the child is born in India, and the divorce is through, can she claim any sort of rights to come back to this on my behalf?

[noajthan]

Thank you.
What she goes back to India and the child is born in India, and the divorce is through, can she claim any sort of rights to come back to this on my behalf?

No, not on 'your behalf' because she will be divorced.
Wife's future in UK or in India (or anywhere else) is in wife's hands.

[secret.simon]

I could be wrong, but I think the OP is exploring if the wife can return based on being the mother of a British citizen, as the child will be British by descent.

There is no automatic right for the parent of a British citizen to return to the UK with a British child. As I understand it (and I could be wrong), to apply for a visa as the parent of a British citizen, she will need sole custody of the child, prove why the child needs to reside in the UK and not in the country where it is currently resident and that there is no other person in the UK who can take care of the child. Stand by for others to correct me on the details of the requirements listed above.

While the UK is a part of the EU, however, she has the right to accompany and stay with the British citizen child in any EEA country other than the UK, provided she and the child have Comprehensive Sickness Insurance.

[noajthan]

Indeed. But all that is in wife's hands (not OP's) once wife has become emancipated from hubby.

[Gagan1986]

Hi,
In my previous posts I stated having issues with my wife who is here in the U.K on spouse visa issues in May 2016. I am a naturalised british citizen and an OCI holder,she is an Indian citizen. Due to unreasonable behaviour, I am planning to notify home office about the end of marriage. Does home office give any appeal rights to her and what does their letter entail if home office writes to her?

[CR001]

No appeal rights but they might (likely) give her an opportunity to apply for any other visa she might qualify for.

The letter simply states her visa is curtailed to x date and to either leave the UK or submit an application. This letter can take many months to be sent to her though.

[Gagan1986]

Thank you.
Would you know if they give 28 days to exit the country?

[CR001]

Not sure, curtailments are usually 60 day period. She might get a letter, she might not.

Once you notify HO, you will not be kept up to date on what they do and won't have any control of it either.

[Obie]

No appeal rights but they might (likely) give her an opportunity to apply for any other visa she might qualify for.

The letter simply states her visa is curtailed to x date and to either leave the UK or submit an application. This letter can take many months to be sent to her though.

The usual practise and the legal norms in cases like this is that a person is first notifies of an intention to curtail.

The person is given an opportunity to state comention basis as to why his or her leave should not be curtailed or an opportunity to switch to another.

The person will then get a right of appeal exercisable within the UK, unless it is clearly unfounded.

[CR001]

No appeal rights but they might (likely) give her an opportunity to apply for any other visa she might qualify for.

The letter simply states her visa is curtailed to x date and to either leave the UK or submit an application. This letter can take many months to be sent to her though.

The usual practise and the legal norms in cases like this is that a person is first notifies of an intention to curtail.

The person is given an opportunity to state comention basis as to why his or her leave should not be curtailed or an opportunity to switch to another.

The person will then get a right of appeal exercisable within the UK, unless it is clearly unfounded.

Thanks for clarifying the process Obie. However, we have had a small number of members post that they never received the letter from HO re curtailment.

[Gagan1986]

Thank you for the advice.

I asked her to let's go to india and talk it out in front of parents and sort the things out there. Told her I have booked the ticket and we are going to sort it out. She said that she couldn't find her passport and its now lost. She is emotionally torturing and I don't know what to do. Can I go to police?

[CR001]

You cannot force her to leave the UK. If she does not want to leave at this stage, it is her decision. You cannot control everything. Go to the police for what? Because she won't leave and is not doing what you want? There are always two sides to any story. Be careful that you are not potentially going be accused of domestic violence as this will make it much easier for her to stay.

You should follow the process in notifying HO as has already been advised.