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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 623
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am on a tier 4 visa and my wife is on tier 4 dependent

Customer Question

Hi,I am on a tier 4 visa and my wife is on tier 4 dependent visa. Unfortunately we want to get separated because of disagreement about having a child.If we get separated, how long does the home office allow my wife to switch her visa before they ask her to leave the country? FYI, her tier 4 dependent visa is valid until May 2019. So will the HO allow her to stay here until May 2019 after the divorce? If not, usually how HO decides in these circumstances?Or, can we just separate our houses but stay as wife and husband? so she does not face any rush to change her visa? Do we have to report to the home office if we separate our home?Also I am applying for ILR next October. Can any of the above affect my ILR?All in all, we want to get separated but we still care for each other and do not want to face legal issues and certainly do not want to leave the UK. Keeping in mind that her dependent visa is valid until May 2019, and I want to apply for ILR (under 10 year route) on October 2017, What would you suggest us to do ? or what is the safest option for us?ThanksSam
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.

Hello

Thank you for your enquiry.

Your wife will be required to leave the UK to make a fresh application on her own rights. Her visa will usually be curtailed. She will not be allowed to stay until May 2019.

If there is a change of circumstances such as separation, you must inform the Home Office.

Your ILR is quite separate and should not be affected unless there is evidence that you have committed an immigration crime.