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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I'm a US citizen married to a UK citizen. We've been married

Customer Question

I'm a US citizen married to a UK citizen. We've been married and living in the US since our marriage of 12 years. In Oct 2013 I obtained clearance for settlement based on marriage. We have a daughter aged 10 who now has UK citizenship. We recently moved to the UK. My wife and I are having some conflicts that may not resolve and we may have to separate. Question: In the event my wife and I divorce prior to or after my settlement visa expires (valid till July 2016), what is my possibility to continue to live & work in the UK to be close to our daughter? If it is possible for me to stay, please also advice on steps I can take.
Thanks in advance,
Victor
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

You may be able to switch your current visa status to leave to remain in the UK as a parent of a British child as you are a partner of a British citizen and a parent of a British citizen child.

So, yes, it is possible for you to remain in the UK even if your marriage breaks down provided you switch to the parent of a British child visa status.

As such an application to switch your status will be complicated, I would suggest that you appoint an immigration lawyer to assist with your application and putting the correct documentation and information together.

You may read more about the parent of a British child status here:

http://www.arshadmahmood.com/family-of-british-citizens-settled-persons/parent-of-a-child-in-the-uk/switching-into-leave-to-remain-as-a-parent-of-a-british-child.html

May I help further?
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

I note in the link you provided that "The applicant must have sole parental responsibility for the child, or be the parent or carer the child normally lives with". I do not have sole parental responsibility for the child and because I'm frequently out of country on business, the child does not live with me. Would that disqualify my ability to apply for such change in visa status?

Expert:  UKSolicitorJA replied 2 years ago.
That may possiblydisqualify you as you also need to have an active role in the child's upbringing.

However, I would advise you to make an appointment with the immigration solicitors so that your situation is carefully assessed and a decision made to see whether an application should be made for you to switch once you separate from your spouse.

All the best
Customer: replied 2 years ago.

I have been reviewing my options and it looks like the only way I'd be able to continue my stay in UK would be to switch my visa to a Tier 1 Entrepreneur visa. Am I correct in assuming that I would not be eligible to apply under £50,000 investment options when switching from spousal settlement visa and that I'd have to pursue the £200,000 option? And if so, can I have a partner in the business that has 70% share and I have 30% share?

I apologize for the lengthy query.

Thanking you in advance,

Victor

Expert:  UKSolicitorJA replied 2 years ago.
I am afraid it is a grey area as to whether spouses can switch into the points based scheme from within the UK as the Home Office has not provided guidance on this.

According to this, spouses are not listed as being eligible to switch into Tier 1 and would need to leave the UK and apply from overseas and would need to qualify under the 200K threshold. As long as your investment is at least 200K, it would not matter that your shareholding is 30%

All the best
Customer: replied 2 years ago.

Thanks for all your help. Best regards.

Expert:  UKSolicitorJA replied 2 years ago.
Cheers

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