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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 am currently going to move to the UK having a spouse

Resolved Question:

Hi,
I am currently going to move to the UK having a spouse visa. I have the following questions:
1/ How are my civil rights different from the rights of UK person when I have a spouse visa? I am particularly interested whether I will have to pay tuition fee for locals or foreigners in case I decide to apply for MA in the UK?
2/ Will my rights change after I obtain ILR after having a spouse visa? If yes, what would be the difference vs spouse visa?
3/ Am I right that my immigration status will be no longer dependent from my husband after getting ILR as he will be not sponsoring my visa anymore?
4/Is my husband eligible to get child benefits while I am having a spouse visa?
5/ Am I right that I will have to leave the UK in case we divorce during my spouse visa period and we have children less than 7 years old? Will I have to leave together with the child?
6/ In case I decide to divorce and remarry during my spouse visa will I be able to do in the UK? Or will I have to leave the UK after divorce to obtain another spouse visa? If the latter is correct I will have already spent in the UK by that time counted for my ILR application?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
I would answer your questions as follows:
1) your civil rights are the same as a UK national but you are classed as an overseas student for fee purposes as far as studies are concerned, until you obtain settled status after 5 years in the UK
2) see above, having ILR means having settled status and you would be eligible for home student fees
3) correct. You are on your own once you obtain ILR
4) yes, in his own right as a UK citizen or settled person
5) yes, normally you would be expected to leave the UK if your marriage breaks down during the probationary period. Your child may continue living in the Uk if he or she is a UK national
6) you can switch from one spouse visa to another within the UK but the clock is reset for ILR purposes if you get a new spouse visa.
All the best
Customer: replied 1 year ago.

Thank you, ***** ***** very helpful.

re 5/ what if I would like to leave the UK together with my child and he has both nationalities, UK and of my home country? Will I have to ask a permission from my former husband to take our child with me? Do we need to go court for this?

Will I also need to obtain his permission in case we divorce and I am taking a child for holiday to another country with me?

Also, I understand a divorce may take a lot of time. Suppose it takes a year and I have a spouse visa at that point (so no ILR or UK citizenship at that point). Will I be able to stay in the UK before I get decree absolute?

Expert:  UKSolicitorJA replied 1 year ago.
As far as taking your child with you, that is a matter of family law and you would require the father's consent to remove the child out of the UK. You need to consult a family lawyer for more information on child custody as that is not an immigration issue.
Your spouse visa becomes invalid if your relationship breaks down, not when the decree absolute is issued.
All the best, ***** ***** feedback
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