REPLY(3) TO - immigration - sheenal

Hi sheenal,

Before reading, i am referring below as "settled partner"-sheenal and "spouse"- to your husband.

UK spouse visa after 2 years can conclude only three results :-
1) leads to ILR
2) leads to further extension to the spouse visa after 2 years rather an ILR (this happens when a settled person thinks relationship needs more time ), OR
3) leads to returning back to spouse home country, if marriage doesnt work.

This visa cannot be changed to ANY OTHER category while staying in UK.

Now if marriage resulting in dispute (with whatever situation.
(A)Things a settled partner can do:----
1) Settled partner has right to reveal to HO regarding the marriage for not being a success, if this is done as early as possible, coz HO to act on a application filed within 3-6 months of visa will enforce them quickly to remove the spouse which is sooner the later.
2) Settled partner can get some sound evidence in case later requiring in the court. But mostly they are not needed in court as per the law. As for a settled partner, just the words are enough by saying that he was abusive, not responsible etc etc and marriage didnt work. Generally UK law favours women.

(B) Things a Spouse can do:-------
1) Needs substantially proving and justifying to HO or later in court why he needs a ILR and on what grounds?
2) That can be by means valid evidence that he was exploited and had faced domestic violence or made homeless on certain grounds. This seems quite tough for a man to proof on a woman in the UK without any substantial evidence.

And, Yes he cannot get a stay without your consent. But that stay your talking is through a spouse visa leading to ILR.

But what i was talking previously was a stay on grounds of domestic violence (if) filed by your husband. For that he doesnt need your consent. But for that also firstly he needs a divorce.

But overall i find diminishing chances for him to secure an ILR unless he strongly proves domestic violence. As mainly women are more related to domestic violence issues rather men.

zile 31 Oct 2008, 03:33 - Report