Marriage broken down whilst on spouse visa

[Rose_20]

Im posting on behalf of a close friend of mine as she is worried about her obsessively controlling soon to be ex-husband discovering her post,as he has access to all her accounts.

She originally came on a student visa and completed her masters degree after which she got married and successfully applied for a spouse visa in January 2017. Since then she has given birth to a daughter who is currently one years old. Her marriage has now broken down due to the husbands refusal to accept his role as a hsuband and father. He cannot stand to be around her and often leaves the family home for weeks on end without a word. Although there is no domestic violence, she has suffered from a great deal of emotional abuse. She is no longer able to continue the marriage as it is affecting her mental health and the marriage is now likely to head for a divorce. He often blackmails/threatens her with reporting her to the home office to curtail the visa and therefore deported.

Before things are finalised she wants to know what her next options are in terms of staying in the UK and how she should prepare her application.He doesn't yet believe she has the guts to leave him and so thinks they will get back together as he believes she 'cannot live without him '. Shes therefore using this time whilst hes in denial to get ahead of the game and prepare.

The daughter will be remaining with her so she would be the main guardian. She also took a few months break from work since May and is returning in October, but previous to that was working well above the £18.600 threashold. Ofcourse if she needs to go back to work eariler than planned to support her new application, her previous job is still open to her .

She wants to know :

a.) What's the difference between the 5year and 10year parent route?

b.) If granted, would her clock start again or would the year and half on the spouse visa still count?

C.) What are the fees and conditions ? Does the £18,600 rule still apply ?

d.) What evidence does she need to start collecting now to increase chances of success ?

Many thanks.

[ashb88]

I'm looking for the same information too. Would be interested to know as I'll be notifying the home office of our separation today and he want's to be organised.

[secret.simon]

Is the child a British citizen? Does s/he also have any other EEA nationality?

Be aware that in order to qualify on the basis of being the caretaker of a British child, your friend will need to prove that it is unreasonable for the child to leave the UK. If the child is very young, it can be argued that it can adapt to living with the mother in her country of origin, especially if the father is not going to play a role in the child's life.

Your friend may also want to look at moving to another EEA member-state with the child (assuming that it is a British citizen) and settling there on a Chen derivative rights permit.

I'm looking for the same information too. Would be interested to know as I'll be notifying the home office of our separation today and he want's to be organised.

Your circumstances are different and you already have a current thread. Please continue your queries in that thread.

[Rose_20]

Yes the child is british and holds a British passport. No other EEA nationality.

What kind of proof are they looking for ? She works in the UK. Her daughter's grandma and family are very involved in her life and has been brought up around them. They are willing to support her in her application as she has become very attached to her granddaughter.

Would it be worth providing proof that the husband is involved in his daughter's life ( i.e photos , proof of child support that he has started to pay since the last few months )? Would this work in her favour?

Also in regards to the questions in the original post could anyone shed some light on them ?

[Rose_20]

Can anyone give me any details on the application process for parent route 5years or even links to where to find these details. I've been trying to google everything but not finding much information. Time is also running out for my friend who now suspects that her ex has reported her to the home office.

What can she expect will happenn next . Any advice would be appreciated.

[CR001]

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

https://www.gov.uk/uk-family-visa/parent

Note that to qualify for the 5 year PARENT route, she has to prove the required earning level. If she does not meet the income level, she will need to apply for the 10 year PARENT route which is 4 x 2.5 year visas.

If her partner has reported the relationship breakdown, then HO will write to her and cancel/curtail her visa.

[Rose_20]

Thank you for the quick reply. What is the income levek she needs tp satisfy ? Is the way you proove it similar to the spouse visa i.e show 12months of payslips and bank statements ?

Shes been off work for 2months but before that was earning £20k+ salary. She will be able to go back to work in August.

What is the fee for the application? Will she need to pay NHS fee again ( already paid before when applying for spouse visa )

[CR001]

Thank you for the quick reply. What is the income levek she needs tp satisfy ? Is the way you proove it similar to the spouse visa i.e show 12months of payslips and bank statements ?

Depends how long she has been in her current job. Usually 6 months evidence is required.

Shes been off work for 2months but before that was earning £20k+ salary. She will be able to go back to work in August.

She needs 6 consecutive months of pay for the 5 year route. No income requirement for the 10 year route.

What is the fee for the application? Will she need to pay NHS fee again ( already paid before when applying for spouse visa )

Fee contained in the links provided. £1033 PLUS the £500 Immigration Health Surcharge. IHS is payable with EVERY application made regardless of whether it has been paid previously in another application.

[Rose_20]

What is the salary level she needs to earn ? Is it still £18,600? From the link it mentions having adequate maintance, what level of earning is considered adequate? Would child support from her ex be considered or its only her earnings?

Also what sort of evidence is advisable to send in ?

[CR001]

What is the salary level she needs to earn ? Is it still £18,600? From the link it mentions having adequate maintance, what level of earning is considered adequate? Would child support from her ex be considered or its only her earnings?

Also what sort of evidence is advisable to send in ?

Please do read the guidance notes and forms I have provided. The income level is £18,600 for 5 year route applications.

[Rose_20]

Thank you for the help. She will prepare her application as best as possible.

[vinny]

Financial requirements
E-LTRPT.4.1. The applicant must provide evidence that they will be able to adequately maintain and accommodate themselves and any dependants in the UK without recourse to public funds, unless paragraph EX.1. applies.

[Obie]

Financial requirements
E-LTRPT.4.1. The applicant must provide evidence that they will be able to adequately maintain and accommodate themselves and any dependants in the UK without recourse to public funds, unless paragraph EX.1. applies.

I agree with that, there is no income threshold under the 5 years parent route.