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My wife wants a divorce - can I stay until it's finalised?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Malestrom
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Joined: Mon Oct 10, 2011 6:58 pm

My wife wants a divorce - can I stay until it's finalised?

Post by Malestrom » Mon Oct 10, 2011 7:14 pm

I am here as a dependant on my (soon to be ex) wife's Ancestry Visa.

We've lived together for 3 years in the UK however she has just filed divorce papers.
Given that there is a lot of paperwork that I will have to provide, am I allowed to stay until the divorce is finalised?
A call to the home office today said I could, but I'm looking for a second opinion...
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Oct 10, 2011 10:41 pm

Yes, until leave expires or curtailed (3.5.2).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Mon Oct 10, 2011 11:24 pm

You may also be able to switch to other categories , if you meet their requirement, after the divorce is finalized.

Who knows, you might even resolve your differences and live happily after. No need to pack up yet.
Smooth seas do not make skilful sailors
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Malestrom
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Joined: Mon Oct 10, 2011 6:58 pm

Post by Malestrom » Mon Oct 10, 2011 11:36 pm

Obie wrote:You may also be able to switch to other categories , if you meet their requirement, after the divorce is finalized.

Who knows, you might even resolve your differences and live happily after. No need to pack up yet.
Ah as in 3.5
or, in the case of a spouse whose marriage breaks down,
may subsequently be reconciled with their partner. Curtailment should not therefore
follow automatically when a person's basis of stay no longer exists. Each case will
need to be considered on its merits before a decision is reached.
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Malestrom
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Posts: 4
Joined: Mon Oct 10, 2011 6:58 pm

Post by Malestrom » Tue Oct 11, 2011 9:04 pm

vinny wrote:Yes, until leave expires or curtailed (3.5.2).
Or not as the helpful Home Office staff have indicated.

Shoulda read the page properly

If my wife was a UK citizen I'd have a bit of time, but as an Ancestry visa is only a temporary arrangement (5 years) then I'm screwed.
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rbk1597
Junior Member
Posts: 83
Joined: Mon Jan 24, 2011 10:44 am

Post by rbk1597 » Wed Dec 07, 2011 4:32 pm

do you have children?
If you do, you may ask for descretionary leave or they may not curtail your visa
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Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Dec 07, 2011 4:44 pm

Obie wrote:You may also be able to switch to other categories , if you meet their requirement, after the divorce is finalized. .
I not aware of anything other than a partner-based settlement category that would permit an in-country switch from ancestry.
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