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Marriage in shambles, what next?

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Unknown1
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Joined: Tue May 26, 2009 7:23 am

Marriage in shambles, what next?

Post by Unknown1 » Wed Mar 30, 2011 12:18 pm

Hi all. I am in a bit of a frustrating situation and I need guidance. My wife and I got married in Oct 2008 in the UK and she gave birth to our son in Feb 2009. Fast forwarding, I got my 2 year UK spouse visa in Feb 2010 and now my wife and this past year our marriage has just been going downhill. She has expressed that she wanted to seperate from me and does not seem to care that this will affect my stay and ultimately my relationship with my son because I will be required to leave the UK. I understand that termination of a marriage whilst on a spouse visa will result in the visa being revoked so my question is how can I have access to my son? Will my chances of getting an indefinate leave to remain be perpetually revoked based on my failed marriage or can I apply for a parent visa and get indefinate leave to remain that way? I can't bare the thought of not seeing my son grow up without me. I refuse to be an absent father so I want to know what my options are. I desperately need help! What can I do, I love my son to bits...
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Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Mar 30, 2011 12:23 pm

See parents with rights of access to a child
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Unknown1
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Post by Unknown1 » Wed Mar 30, 2011 1:13 pm

Thank you so much! Now because I am currently in the UK on a spouse visa, will I need to go back to my country to apply for this or can I apply whilst in the UK?
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Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Mar 30, 2011 1:42 pm

you can apply from within the UK. See para 3.1 of the document above.
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Unknown1
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Joined: Tue May 26, 2009 7:23 am

Post by Unknown1 » Wed Mar 30, 2011 2:02 pm

Thanks again Greenie. This is the kind of news I was dying to hear in this point in time. Your quick response is much appreciated
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Unknown1
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Joined: Tue May 26, 2009 7:23 am

Post by Unknown1 » Wed Mar 30, 2011 5:35 pm

One other question. Do I just make an applicaton or do I need to cancel my spouse visa first? I am a bit blank about the process. Is there any information (preferably UKBA) online that can also help me specifically with this query?

Many thanks.

Unknown1
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Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Mar 30, 2011 8:49 pm

you do not need to cancel your spouse visa in fact you should apply before the UKBA attempt to curtail it, but only when you meet the requirements as set out in the guidance above.
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