Dependent Visa After Divorce - Urgent Help Required

[anonymous_18]

I came to UK last year on spouse dependent visa and have recently finished the divorce proceedings.

Currently I am staying on the Tier 1 Dependent Visa but I am not sure if I am allowed to do so. If not, how much time do I have before I should leave UK to avoid any problems in my passport.

Is there any penalty if I don't inform the Home Office about the change of circumstances and what are the legal consequences?

Is my Dependent Visa still valid (even though I am not dependent anymore as I am not married)?

I am currently working in UK based on the Dependent Visa - Is there any possibility of my employer being in any problems due to my unclear visa validity due to divorce.

I do not qualify for Tier 1 or 2 under my own criterea but is there any option available to stay in the UK?

Need advice urgently.

Thanks

[geriatrix]

Since you are no longer the spouse of the Tier 1 (General) migrant, your leave to enter / remain in the UK as his/her dependant is no longer valid.

Partners of migrants with temporary permission to stay in the UK

If you have temporary permission to stay in this country as the partner of a migrant who also has temporary permission to stay here, you must leave the UK. This is because you will no longer be meeting the requirements of your permission to stay.

[anonymous_18]

Thanks for your reply.

If the main visa holder does not inform UKBA, can i stay in that case in UK.

Are there any issues with this for either the main visa holder or the dependent?

Your help is much appreciated.

[geriatrix]

Irrespective of whether your ex-spouse informs UKBA or not, you are in breach of immigration rules by continuing to stay in the UK as a dependant of someone you are no longer a spouse of.

One may argue that:
1. If UKBA doesn't know, what stops me from staying in the UK and continue working (assuming that you keep the employer in the dark too), and
2. Unless UKBA informs me that my leave has been cancelled / curtailed, I can continue to enjoy legal immigration status in the UK.

The risk is that if and when UKBA figures out that you have / had been overstaying in the UK, you may be subject to certain penalties / ban from entering UK - should you choose to live / work in the UK in the future.

Moreover, the most you can stay in the UK is till the expiry of your current leave! After that you will anyway have to leave the UK because a dependant cannot switch (i.e.- from within UK) into any other immigration category.

And what is the guarantee that your ex-spouse will not inform UKBA / hasn't done it already?

The advice from UKBA is crystal clear. It is up to you to follow it or ignore it.

IMHO ....

[anonymous_18]

Thank you very much for your honest opinion.

[anonymous_18]

I just had a talk with the UKBA on their website and it was informed that I am legally allowed to stay in the UK until the main applicant informs the UKBA about the divorce.

Additionally, UKBA will inform me first before taking any action (which would normally take months) and in the meantime I can continue my work in UK legally.

Meantime if I apply for some other category during the same then I can extend the stay to another few months before they can take any legal action. It even means apealing and any other delays.

I was so worried about this before but talking with them directly has given me some comfort.

I know this is not the best way but technically I have this option available just in case.

Lets see how it works.

[Greenie]

how did you speak to UKBA on their website and who was it you spoke to?

[anonymous_18]

I mean the number stated on their website for General Enquiries.

0870 606 7766

http://www.ukba.homeoffice.gov.uk/conta ... ctcentres/

This is where i found it...

[geriatrix]

Do note that UKBA contact centre staff is known to provide incorrect / out-dated information. Given your circumstances, please also consult a competent solicitor for legal advice on your immigration status and ability to remain in the UK.