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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I am 23years old pakistani national came to uk on student

Customer Question

Hi,

I am 23years old pakistani national came to uk on student visa on the 11th of Jan 2010. i was a student at the nottingham trent university.
By december 2011, i finished my diploma from nottingham trent uni, and also my second year from uni. in Jan 2012 i got married with a british
girl and got my spouse visa which expires on the 24th of aprial 2014.

my indefinite is due in two months time , but since last one year , my relation with my mrs is not stable. she got pregnant with someone else and lives in a separate house too.
she has declared herslef as single and taking all the benefits.Even thought we are both legally married.

I have started my educated again and going to nottingham trent uni and doing my last year.

what are my options now?
Can i apply for leave to remain or extention and divorce her?
How can i stay here?
what will happen when my visa expires?
can i switch on the student visa?
shall i file for divorce first?
can i extend my spouse visa?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.

How long as your relationship been broken down for?
Does she want a divorce?

Kind regards
Customer: replied 2 years ago.

it has been 2 years officially , she doesnt want a divorce yet , but i was just considering this option as well . we got married in january 2012 and in january 2014 it has been 2 years .


 


point is , i do make good money , aroun 28k per anum , but if i go and apply for leave to remain on the basis of my marriage now , home office will ask , why your wife is on benefits , and have a kid , whose father isnt you .

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

If you wish to continue residing in the uk as a student then there is nothing preventing you from applying for a tier 4 student visa. You will not be able to apply for indefinite leave to remain on the basis of your relationship with your partner simply because your relationship had broken down during your visa therefore as your relationship was not subsisting strictly speaking you should not be on a spouse visa as your relationship had broken down.

Yes you are correct in thinking that the home office will require details of your subsisting relationship etc if you did now apply for indefinite leave to remain therefore in your case it would be more relevant if you applied for an extension in another category either student visa or a tier 2 visa, if your current employers are willing to sponsor you then you could always apply to work for them on a tier 2 visa.

Please see following link :

http://www.ukba.homeoffice.gov.uk/visas-
immigration/working/tier2/general/applying/

There is nothing preventing you from filing for a divorce and having an application for a tier 4 student pending. The home office would be happy that you have informed them that your relationship has finished and that you are now trying to apply for the appropriate leave to remain on the basis of your current circumstances.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions.

Kind regards
Customer: replied 2 years ago.

thanks for reply . but what if me and my partner are now willing to work on our relationship again . can i then apply for indefinate leave to remain

Customer: replied 2 years ago.

if we want to continue our relation and want apply for indefinate leave to remain . but will these facts can become reason for my refusal ?


 


facts


 


* she is on benefits


* when she gave the birth as i was in different city , she declared her self as a single mother and getting benefits for that .


 

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply, I apologise for the delay in reverting back to you.

In respect of what you are stating regarding your wife and you wanting to reconcile, although this may be possible, the issue with this as you rightly pointed out is the fact that she has given birth to a child who is not yours and she has declared herself as single.

Your visa conditions are that you must have been in a subsisting relationship for the duration of the two years, in your case it seems that at least for 1 year or so you were not in a subsisting relationship with your partner due to her having a child and also claiming benefits, this means that your visa would automatically have become invalid as you were not in a subsisting relationship for the majority of the visa and the home office would find it strange that you now suddenly wish to reconcile as soon as your visa is due to expire.

Although you can try and apply for indefinite leave to remain giving the home office the reasons for the discrepancies you have stated between you and your partner, I believe that it will be very difficult for the home office to issue you with a visa on the basis that your relationship had broken down for over a year. I believe that if you wish to apply for indefinite leave to remain you should consult a solicitor who will need to write a detailed letter explaining what has occurred during the previous two years and explain this to the home office.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions.

Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so kindly rate my answer positively, if you wish to ask further questions please do not hesitate to do so.

Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so kindly rate my answer positively, if you wish to ask further questions please do not hesitate to do so.

Kind regards

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