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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 on a spouse dependant visa and my relationship has broken

Resolved Question:

I am on a spouse dependant visa and my relationship has broken down. I am thinking of making a new application on a 10yr parent route as my kids have got british passport and living with me. Any advice how to go about that?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
How long have you been in the UK and did you face domestic violence?
Customer: replied 1 year ago.
i hAve been in the UK for over 9years now (lawfully). Yes,there has been domestic violence but there is no proof for that
Customer: replied 1 year ago.
what type of application can I make with the current situation?
Customer: replied 1 year ago.
how long to answer pls
Expert:  UKSolicitorJA replied 1 year ago.
I would advise you to apply for settlement under the long residency rules on the basis of 10 years lawful residency here. You may apply 28 days before you complete the 10 years.
You are not far from the 10 year mark (less 28 days) and you should try and ensure that your current visa is not revoked before you hit the 10 year mark and you should if possible try and keep on good terms with your partner until then.
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Customer: replied 1 year ago.
that is the problem, I cant trust him that he will not report to the home office that our relationship has broken down. I dont want to be cut unaware and dont want to take any chances either. I might want to travel out of the country and wouldnt want a situation whereby i will be refused entry if he has alerted them. That is why i want to know what application i can put it (5yr parent route or 10yr parent route). Thanks
Customer: replied 1 year ago.
what is the difference between the 5yrs parent route and 10yrs patent route? Also, what are the requirements for the 5yrs and 10yrs route
Expert:  UKSolicitorJA replied 1 year ago.
Thank you.
The difference between the 5 and 10 year routes is that for the 5 years route, you are granted 2 sets of 30 months leave and you meet the financial and english language requirements, in addition to being a parent etc etc. after 5 years, you may apply for indefinite leave to remain.
In the 10 year route, you are granted 4 sets of 30 months leave to remain after which you qualify for indefinite leave to remain.
In your case, you may apply for leave under the 5 year route if you are not on benefits and meet the English language requirement.
However, you may apply for ILR on the basis of 10 years long residency as advised earlier and you may combine your leave as a parent with your previous leave.
All the best