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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My friend is from India he married an English man has a visa

Resolved Question:

My friend is from India he married an English man has a visa to work live and study
He no longer is happy in his relationship but wants to stay and make a new life
Dies he have to stay in his marriage with this man if he wNts to stay in this countdu
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Thomas replied 1 month ago.

Hi,

Thanks for your question.

Is your friend on a spouse visa due to being married to a UK citizen?

Are there any children of the relationship?

Kind regards,

Tom

Customer: replied 1 month ago.
he is
No children
Expert:  Thomas replied 1 month ago.

Okay, has there been any clear evidence of domestic violence?

What job does she have please?

Tom

Customer: replied 1 month ago.
He works at TNT in swansea as a warehouse man
No evidence of violence physical
I think it is more he doesn't love him anymore and he has to give the majority of his income to him
Customer: replied 1 month ago.
If he leaves the home will he have to return to India?
He has fallen in love with another
Expert:  Thomas replied 1 month ago.

Right.

What nationality/immigration status does the person he has fallen in love with have in the UK please?

Tom

Customer: replied 1 month ago.
The person he has fallen in love with / me I am a UK National
Expert:  Thomas replied 1 month ago.

Okay. What employment income per annum do you earn please?

Tom

Customer: replied 1 month ago.
I earn 25,000£ per annum
Expert:  Thomas replied 1 month ago.

Thanks. Drafting your answer now. 10 mins please..

Expert:  Thomas replied 1 month ago.

Hi

Thanks for your question. I will try to help.

If your friend is on a spouse via and the relationship were to breakdown so that they were no longer in a loving relationship then the Home Office would curtail (terminate) the spouse visa when they found out about this.

Your friend would then cease to have the right to stay in the United Kingdom and would have to leave the United Kingdom or switch to another form of Visa. If there are no children from the relationship then his options would be extremely limited.

At this stage he could not apply on the basis of your relationship because he would still be married.

In all likelihood, he would probably have to leave the United Kingdom with a view to then applying for a Visa from out of the UK.

If he were to divorce his wife then he would be free to start a new relationship with you. However, because you would not have lived together for a period of two years you would not be able to apply on the basis of this relationship unless you married. If you did then marry after he was divorced then he could apply for a Spouse Visa from outside of the United Kingdom on this basis.

Once he has returned to his home country the options he would have would open up a little bit. He would be at liberty to apply for a work visa (I presume he does not wish to study in the United Kingdom) and the most common forms of this visa are as follows:

{C}1. Tier Two General – this is where he receives a job offer from a licensed Tier Two sponsor employer to come to the UK to carry out a job which the employer would sponsor him for. The link for this is here: https://www.gov.uk/tier-2-general/overview

{C}2. If he has access to £200,000.00 for investment in a UK business then he could apply for a Tier One Entrepreneurs Visa which would allow him to come to the UK to invest this sum and run a business in the United Kingdom. The link for this is here: https://www.gov.uk/tier-1-entrepreneur/overview

I have assumed in relation to the above options that he is not a world leader in his employment field.

I am sorry that the options are fairly thin, but if he anticipates a separation from his wife then I would suggest that he investigates the possibility of being sponsored as a Tier Two General Visa migrant in the first instance. If it becomes clear that he can not possibly arrange for this form of Visa then (assuming he does not have access to £200,000 for investment for a Tier One Entrepreneur Visa) he would probably have to consider with you whether your eventual marriage would be the best way forward in order that he may then subsequently apply for a spouse Visa from out of the country.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 month ago.
Thank you very helpful
Expert:  Thomas replied 1 month ago.

Thanks.

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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