FLR(m) and remaining in Uk

[Kali89]

Hello Experts
I need help please. My situation is very complicated right now.
I’m about to apply for my visa extension FLR(m) middle of August but Things are not well with my spouse and my stepdaughter.
I know I have to apply 28days before the Expiry date which is 13th September 2020.
My first question is can I get another visa route. Like switch from spouse visa to another Category!! Because my wife doesn’t seems bothered about my situation now.
My second one is can divorce affect my settlement here in the Uk after living 3 years I mean even if I get Further leave to remain Card. Will I be able to stay. ( in case we started the divorce process next year 2021).
I’m really worried and living a complicated life now and seeking help please.
Thank you so much

[CR001]

My first question is can I get another visa route. Like switch from spouse visa to another Category!! Because my wife doesn’t seems bothered about my situation now.

If you don't have children with your spouse, then no real route to switch into from within the UK. Any visa route you believe you would qualify for if you meet the requirements, you would have to apply from outside the UK.

My second one is can divorce affect my settlement here in the Uk after living 3 years I mean even if I get Further leave to remain Card. Will I be able to stay. ( in case we started the divorce process next year 2021).

If you manage to extend your current visa and do divorce, there is no route to stay or apply for ILR if you are no longer in a subsisting relationship with the person who sponsored your spouse visa. Once the relationship breaks down, there is a form to complete to inform HO of this and your visa will likely be curtailed.

[Kali89]

Hi,
So are you saying even if I got my BRP FLR I can’t do anything to stay after divorce.
I thought there’s a naturalisation way to stay or I can go through another path.
Thank you

[secret.simon]

If you are resident under the UK Immigration Rules, you need to be in a subsisting relationship with your British spouse for the full five years before aplying for ILR.

Only after you acquire ILR are you independent of your spouse.

You can of course stay in the UK if you are eligible for another visa in your own right, such as a Tier 2 employer sponsored visa or a Tier 4 student visa.

But in either case, your immigration clock will be reset to zero. And there is no option to acquire ILR based on being a student, except under the 10 year Long Residence route.

[Kali89]

Hi all,
Thank you for your reply.
in case I apply for either student visa or be sponsored by my employer. Can I apply within the Uk or I have to move out then apply which make no sense to me.
Thank you again

[seagul]

Hi all,
Thank you for your reply.
in case I apply for either student visa or be sponsored by my employer. Can I apply within the Uk or I have to move out then apply which make no sense to me.
Thank you again

TIER 4
Switch to this visa
You may be able to change (switch) to a Tier 4 (General) student visa if you’re in the UK under any of the following visas or schemes:

Tier 2 (General)
Tier 2 (Intra-company transfer)
Tier 2 (Minister of religion)
Tier 4 (Child)

TIER 2
Eligibility
You must already be in the UK under any of the following visas or schemes:

Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa - if you have an eligible qualification, will complete your course in 3 months, or you’ve done at least 12 months of a PhD
Start-up visa
Innovator visa
You can also switch to a Tier 2 (General) visa if you’re:

a dependent partner of someone with a Tier 4 visa
a representative of an overseas business
You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa
https://www.gov.uk/tier-2-general/switch-to-this-visa