How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I currently have a spouse visa due in march however

Resolved Question:

I currently have a spouse visa due for renewal in march however me and my partner are currently separated since december 2015. WE have two kids who are british nationals. I want to ask if I shuould go ahead and fill the spouse visa form when it is time to extend my stay or another type of form? thanks
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
And if I fill in a parent visa form instead of the form FLR M form I filled in 2 and half years ago will the home office give me a fresh 5 year route or give me the the last 2 and half years to complete the 5 year route
Expert:  Thomas replied 1 year ago.
HiThanks for your patience. Do you consider there is a possibility that you may reconcile with you wife before you extend your visa? Kind regards Tom
Customer: replied 1 year ago.
I don't think so. She has also apply for housing benefit and tax credit which will make things harder as I read somewhere that your sponsor must not be on any sort of public funds.
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you are separated and she won’t support your application because the relationship has irretrievably broken down then you cannot apply for a spouse visa.
This means that the best way forward would be for you to attempt to apply on the basis that you are a parent with access rights to children in the UK.
This is a complicated application because it requires that you must have a contact order from court confirming that you either have residence of the children (ie that they live with you) or that you have contact (ie arranged access with the children).
For this reason it would be best for you to instruct a UK based family solicitor in a firm with an immigration department. They will apply for a contact order on your behalf so that you can then make an application on the basis of the children.
If you get a contact order then you will most likely get a further visa when you apply for it.
However, if you apply on the basis of the children then you would not be able to apply for indefinite leave to remain once you have spent 5 years in the uk from the date that you entered the UK on your spouse visa.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
Hi Tom,
Thanks for the response. I Just want to point out that she is willing to support the application but on benefit. So do you advice I go on with the spouse visa application
Expert:  Thomas replied 1 year ago.
Hi,
By supporting your application you would both effectively be saying that you are not separated. If your evidence does not support this and you are separated then the home office would rejected the application and could consider you are both being deception. Deception is taken very seriously and could cause bigger problems for you.
My answer is that if you are separated then you should apply for a visa based on your children. If you are not separated and remain in a loving relationship with your wife then you should apply for an extension of your spouse visa.
Please remember to leave feedback
Tom
Thomas and other Immigration Law Specialists are ready to help you