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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good evening. I am a British lady and still "legally" married.

Customer Question

Good evening. I am a British lady and still "legally" married. We have been separated for 3 years now, my ex husband and I. I now have a foreign partner currently who may lose his stay here in the uk. Can the home office allow my new partner to stay on the basis of our relationship? We do want to get married and I do want to get legally divorced and we have just found out we are having a baby. Thanks for the advice in advance.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When is the baby due and have you started the divorce proceedings?
What visa does your partner hold
Customer: replied 3 years ago.
Hello thank you for the quick response. Baby is due in July next year.
Started the divorce proceedings this week. And my partner is an international student so he is on a form of student visa.
Expert:  Clare replied 3 years ago.
When will that end?
Customer: replied 3 years ago.
Oh ok let me explain his situation. He was recently found not guilty to a claim of ABH in court from a girl. He was declared not guilty and exonerated. Unfortunately he had been battling this false accusation for almost a year and at one point was in police custody which meant him not being able to attend university. Now he is a free man. He went to his uni after winning the court [email protected] to get his life back only for them to tell him that they had to report to the home office that he wasn't attending lectures. Fair enough they were doing their job. Now he is sitting and waiting for a response from the home office. He is so worried that his student visa which expires mid next year may be evoked although he hopes to explain to the home office when they do reply that he was having this false accusation to deal with and now he has been found not guilty and hoping to resume university. More so with a baby on the way. He wishes to stay in the country than be made to leave me and the baby. I open this has given you the full clear picture of the situation. Thanks
Expert:  Clare replied 3 years ago.
If necessary could he return home to apply for a spouse visa?
Customer: replied 3 years ago.
That's the thing Clare that I really need his support and him around as I tend to get very ill when pregnant. I can't afford a gap in time where he is gone back home while I am pregnant and then dealing with it all with him abroad while I am
Pregnant. It's too much as he is my main support that I rely on and need especially this time.
Customer: replied 3 years ago.
Also to go home and apply for a spouse visa how when we not married yet? I didn't get that.
Customer: replied 3 years ago.
My question is
1) could the home office evoke his visa even if he was found not guilty?
2) if they do could he plead to stay on the basis that I expecting and we intend to marry as soon as I finalise my divorce.
I think that's basicAlly my concern and the specific advise I need. Thanks
Expert:  Clare replied 3 years ago.
I am afraid that since the baby has not yet been born and you are not yet able to marry him there are no grounds on which he can appeal to stay on the basis of a right to family life.
They are unlikely to revoke his Visa on the basis of his acquittal - but the fact that he has not fulfilled the study requirement may be a problem.
IF he is told to leave then the only option is for him to return home and then as soon as you are divorced you travel to his country and marry him so that he can return on a spouse visa - hopefully before the baby is born.
I am sorry - I know that this is not the news you wanted - but it is the position that you are in.
please ask if you need further details