Q) "I’m on a 2 year marriage probationary visa. What can I do to stay in the UK if I divorce?"
A) If marriages or relationships break down during the probationary period for reasons other than domestic violence or bereavement, you no longer have any claim to remain in the UK on the basis of that relationship. A very strong case will have to be made. The Home Office will consider the respective strength of your ties with the UK and your native country and whether you would suffer any hardship if you are required to leave the UK. Leave to remain will not normally be granted unless there are most exceptional compelling or compassionate circumstances. The factors to be considered would include: the length of time you were married before the breakdown: the length of time you have been a resident of the UK: your age and the proportion of time spent outside the UK before entering and whether there are any children from your marriage.
The Secretary of State has the discretion to exercise his power in an individual’s favour depending on the circumstances of an individuals case. If a person has no chance of success under the Immigration Rules and his/her circumstances are truly exceptional and compassionate, that person can then make an application to the Secretary of State requesting leave to remain in the United Kingdom outside of the Immigration Rules.
You should seek professional legal advice forma firm of specialist Immigration Solicitors to advise you further on this matter.
by Raheela Hussain,
Principal Solicitor of Greenfields Solicitors
The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. For legal advice regarding your case, please contact Greenfields Solicitors on 020 8884 1166 for a Consultation with a Solicitor.
For questions regarding the subject covered in this guide, please visit migreat.com.