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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4917
Experience:  LLB (Hons)
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My husband is having an affair and I’m in a spousal visa. I

Customer Question

Hi my husband is having an affair and I’m in a spousal visa . I understand if we divorce I lose my visa and move onto parent visa .What are my rights in parent visa - how can I support myself as a single parent on thei visa type with no assistance form the government .Also he is continuing his affair and not leaving the house . Causing me a great deal of emotional damage and emotional abuse … I also have a police entry in him from one case of domestic abuse . Is there any way in which I can avoid the parent visa route - citing this emotional and physical abuse .What would I need to prove it?Thanks
Submitted: 16 days ago.
Category: Law
Expert:  SASH_Law replied 16 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

If your relationship is over, then you have to notify the home office about this and apply for a different visa. If you have a British child, then it is very likely you will succeed in obtaining a visa based on the child, especially if you are the main carer of the child. See the link here for further information on who to contact about the change in your circumstances, and further details on how to apply for an alternative visa. Remember that you do not have to put up with physical or emotional abuse, so do not stay in this relationship just because you think there are no alternatives. There are. You can comtact Women's Aid for more help via their website: www.womensaid.org.uk

And info on the visa situation is here: https://www.gov.uk/visas-when-you-separate-or-divorce

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Expert:  SASH_Law replied 16 days ago.

Can I clarify anything for you about what I have written, or has that answered your query?

Customer: replied 15 days ago.
Hi yes I have two British born kids married 9 years and been together 16
Customer: replied 15 days ago.
But we travelled extensively and so I never completed the time on previous spousal visas so now I’m on a 5 year spousal due for ILR next year.
Customer: replied 15 days ago.
Due to the emotional abuse stress and case of domestic abuse though not a strong case can I retain my spousal and apply for ILR instead of changing to parent visa ?Also if I go onto parent visa - what financial support do I have as a single parent ?
Expert:  SASH_Law replied 15 days ago.

You can claim child maintenance - see www.gov.uk/child-maintenance.

Speak to Women's Aid regarding the abuse. Your spousal visa will be over the moment the relationhip ends and you are obliged to inform the Home Office, see the link I provided.

Customer: replied 14 days ago.
If I change onto a parent visa can I still claim child maintenance ?
Customer: replied 14 days ago.
Thanks
Expert:  SASH_Law replied 14 days ago.

Yes.

Please open new threads for new topics in future.

All the best.