Leaving the UL: What happens after Spouse visa expires?

[polancod]

the sponsor wont sign the ILR so a divorce has been filled since the marriage was not working anyway.

now the spouse visa expires on June 7th what is the process? will a letter be sent asking to leave the country before 28 days? does one need to leave the day the visa expires without needing to be told officially?

i guess even to apply for Further Leave to Remain you need the husband/wife to sign the document, right? If so, it's not an option as the sponsor will never sign it. Also since there are no children and a divorce in process from last week i guess it would have been rejected and would have reflected badly on future applications.

For now - what happens after June 7th? anybody knows?

[IainBusby]

the sponsor wont sign the ILR so a divorce has been filled since the marriage was not working anyway.

now the spouse visa expires on June 7th what is the process? will a letter be sent asking to leave the country before 28 days? does one need to leave the day the visa expires without needing to be told officially?

i guess even to apply for Further Leave to Remain you need the husband/wife to sign the document, right? If so, it's not an option as the sponsor will never sign it. Also since there are no children and a divorce in process from last week i guess it would have been rejected and would have reflected badly on future applications.

For now - what happens after June 7th? anybody knows?

If there is no change in your circumstances or visa status, then after June 7th you will be regarded as an overstayer and you will be subject to deportation if the UKBA manage to track you down. If you did apply for FLR it would not necessarily have any affect on any future applications, but if you don't get FLR and you decide to overstay, then that certainly will affect any future applications.

I think I read somewhere (but I could be wrong) that the home office are sometimes sympathetic to applicants in your position who apply for FLR, if the reason for the marriage breakdown was because of spousal abuse and if there is evidence to prove this, ie, if the police were involved or if you were hospitalized etc.

Iain

[kimmi]

If there is no change in your circumstances or visa status, then after June 7th you will be regarded as an overstayer and you will be subject to deportation if the UKBA manage to track you down. If you did apply for FLR it would not necessarily have any affect on any future applications, but if you don't get FLR and you decide to overstay, then that certainly will affect any future applications.

I think I read somewhere (but I could be wrong) that the home office are sometimes sympathetic to applicants in your position who apply for FLR, if the reason for the marriage breakdown was because of spousal abuse and if there is evidence to prove this, ie, if the police were involved or if you were hospitalized etc.

Iain

I second the motion with Iain in here..

better to communicate with the home office before ur visa expires so at least u still have time to sort things out..

Goodluck..

[joebloggs]

For now - what happens after June 7th? anybody knows?

if you don't go back you become an over stayer, as your visa will have expired

do you and your husband have any kids ?

not much you can do

[polancod]

thanks everyone

husband was violent and there are photographs of one particular day when he threw a mobile phone which hit on the chest. The bruise took weeks to heal. Pushes were commonplace as were abusive emails, but the battle right now to use all this would be too much, not enough energy for it.

on top this the husband has sent emails saying he will delay and obstruct the divorce as long as he can, just to make things even more difficult. he wont sign any papers or cooperate and says he doesnt care if anybody has to leave the country and the divorce goes forever. all links with this person need to be cut, it is a horrible influence

a lawyer on another forum said if the husband intends to make this a long battle then FLR would be granted on the basis of needing to be here to attend court. Anybody knows if this is true?

[IainBusby]

thanks everyone

husband was violent and there are photographs of one particular day when he threw a mobile phone which hit on the chest. The bruise took weeks to heal. Pushes were commonplace as were abusive emails, but the battle right now to use all this would be too much, not enough energy for it.

on top this the husband has sent emails saying he will delay and obstruct the divorce as long as he can, just to make things even more difficult. he wont sign any papers or cooperate and says he doesnt care if anybody has to leave the country and the divorce goes forever. all links with this person need to be cut, it is a horrible influence

a lawyer on another forum said if the husband intends to make this a long battle then FLR would be granted on the basis of needing to be here to attend court. Anybody knows if this is true?

I take it that it is you who is instigating the divorce proceedings. If that is so, then I suppose it is reasonable for you to apply for FLR on the basis that you will need to be here to see it through and claim your fair share of any community property etc. You may find however that with your current visa status you will have to pay for the full costs of any divorce because Legal Aid might come under "Public Funds", which until you have ILR you are not entitled to claim.

On that basis your application for FLR could be dead in the water if you don't have the funds available to pursue the divorce case. To be honest, I think the best thing you can do is to contact the Citizens Advice Bureau as they may be able to tell you whether there is any chance that FLR might be granted in these circumstances and also with regard to your entitlement to Legal Aid.

Iain.

[georyz]

Its really a tough situation of yours. may i know if youre working? if you do for how long? just thought about working visa am just not sure if its ok to apply for 1 in your case.

You have to think:

> If you dont go home when your visa expires(you overstay) your husband can report to the HO to make your life more miserable (get deported and banned)

> if you pursue to apply for FLR or ILR without your husbands signature have you got a house to stay in? have you got the money to live on? can you cope up with the stress of waiting for your FLR or ILR decisions and fighting for your divorce?

> which country do you think you want to live here in uk or in phils? and why? what are the pros and cons?

Everything depends on if you can survive here financially, physically and mentally with your fight.

Be strong and do what is right for you to do legally.

[darren-b]

Its really a tough situation of yours. may i know if youre working? if you do for how long? just thought about working visa am just not sure if its ok to apply for 1 in your case.

I don't think there's any way of switching to a working visa in-country. Going back home and applying for a Tier 1 visa might be an option if the requirements are met in terms of qualifications, earnings, etc.

[joebloggs]

a lawyer on another forum said if the husband intends to make this a long battle then FLR would be granted on the basis of needing to be here to attend court. Anybody knows if this is true?

i doubt it, i don't think they will grant you FLR because your getting divorced, never heard of anyone who has

if your marriage is over, not much you can do, do you still live with him ?

[georyz]

this site might help you decide on what to do

http://www.ukba.homeoffice.gov.uk/pa...esticviolence/