Spouse Visa.

Habib2342

Hello,



A member of my family recently got married abroad and brought his wife over . Unfortunately the relationship broke down within six months for various reasons and she is now living with her extended family. I don’t know the finer details but I understand she was brought into the UK on a spouse visa which required my family member to sponsor her through his earnings. However due to his relationship breaking down, he lost his job and is now relying on our mother’s income to support himself whilst he looks for work again. What are the implications for the wife who is now living in the UK ? How long does a spouse visa last and what will happen if it isn’t renewed ?

Many thanks,

Habib.

Kaybenson

It will be better if the 'wife' in question contact a very good immigration solicitor who deal with family issues.

She is in the UK on the umbrella of the husband. Is there any domestic abuses involved? Has the police be called for issue between them?

Its NOT about her staying in the country, looking for work bla bla bla. Tactically, she might have breached the condition of her visa.

She should act ASAP otherwise Visa may be curtailed.

Habib2342

I think they may have had a row but the main bone of contention is that she wasn't aware of the full extent of his schrizophrenia which we thought he had it under control and could manage. Unfortunately it became apparent when they clashed. Whatever the morality of not telling her the full picture is not up for debate, I am more concerned about how does he get out of this huge mess ?

after doing a quick google search, I found that spouse visas last for 33 months. Presuming the stand off between them goes on for that duration and the visa ends up not being renewed, where does she stand ? Does she become an illegal immigrant and should he report her to the home office if she doesn't go back to him ?

If she ends up being told that she has to leave the country, then I am not against the idea of her receiving a reasonable financial sum for the distress caused, but if she chooses to set up home with another british citizen does she have the right to stay ? But that would mean she would have to divorce my brother and remarry ?

If I was in his position, I would look to resolve it asap. But my brother is notoriously difficult to deal with+ dealing with him+mental health issues is a tall order for one not educated in mental illness....

a huge mess,,,to sort..

Habib2342

Also a few other points ;

They married abroad in February 2016 but he brought his wife into the UK in July 2016. Assuming the spouse visa started from that date, by my calculations the spouse visa will expire in April 2019 ( 33 months from July 2016- please correct me if I'm wrong ).

Am I right in assuming that if she doesn't reconcile with him by April 2019 and the visa is not renewed-does she become at this stage an illegal immigrant . What are the implications for her if she stays on beyond the end of her visa and hasn't gone back to him ? What are the implications for my brother he is effectively responsible for bringing her into the country - is he breaking any law ?

indiepanda

They shouldn't be waiting that long - she should be telling the home office now. Given how little time she has been in the country I would expect her to have to leave.

https://www.gov.uk/visas-when-you-separate-or-divorce/tell-home-office

Note this information on this page implies he should be telling the home office too. Says:

The same rules apply if your ex-partner’s visa is based on your relationship (ie they’re your dependant or you’re their ‘sponsor’).

Habib2342

I don't think either side is waiting for the visa to expire - my brother is hoping she will change her heart and go back to him whilst she seems to think she can stay on in the country beyond the end of her visa...I think my brother thinks this is a genuine love marriage where as she is looking she has hit the jackpot...

If he hasn't told the home office that his wife has left him, where does this leave him- as if she does end up staying on beyond April 2019 and doesn't go back to him, then he in effect is aide and abetting an illegal immigrant in this country ?

indiepanda

Forget about April 19, her visa is contingent on her being married to him so if they are separated they are already in breach of the terms of the visa. He needs to tell them now, not wait until the original spousal visa expires.

Habib2342

I don't think he's going to do that as he is trying to patch things up and get back on track. However if he doesn't achieved this by April 2019, then does her right to be in the UK lapse and she has to go back or be forcibly removed ?

Gingernutty

If the schizophrenia wasn't under control, was he mentally fit to marry?

Is the marriage valid?

Habib2342

He was at the time but when they clashed, it brought about a relapse, I had to call the police and mental health team several times as he refused to take his medication. He was perfectly normal at the time of the wedding.

I really don`t think the other side want the stress and expense of contesting this in court but I think they are desperate for her to stay in the country so they are looking to reconcile. Apparently they suggested she could come back and our mother could pay for both of their living expenses....you can imagine how that went down...

i

Mrembo

The visa normally lasts for 2.5 years. It will be extended after the initial period only if the sponsor meets the financial requirements and the marriage is subsiding.
If the applicant overstay their visa's they will be removed back to their country.
They will need evidence that they have been living as a couple before the visa visa renewed