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Revoking Spouse Visa Whilst Divorcing - Need Advice
#1
Hi All, like many have found this forum helpful, therefore wanted to check in to see if anyone out there could help answer the following, thanks in advance.

My wife is on a Spouse Visa, I applied for a divorce based on unreasonable behaviour. She's verbally abusive to me which often is in front of our young children (both below 10).  She hasn't answered/signed the divorce application and I have applied for a Deemed Served and waiting for it to come through, meanwhile her behaviour is getting worse and I am getting a bit desperate (having to put up with it) as we are still living together.

I thought to simply inform the Home Office that our marriage no longer subsists so they revoke her visa however, I am wary of information that a solicitor warned me of about what she could do if I did this.

Apparently, if her visa was revoked (and she most likely would return to the non-European country where she is from), she could apply for a Specific Issue Order to take the children with her...  I thought that she would have to apply for a Relocation Order which I have researched, and believe I could successfully challenge based on the wealth of evidence to support my role as Primary Carer of the children.

The spouse visa is below 5 years old so far so she could not apply for Indefinite Leave to Remain. She isn't wealthy, doesn't have a steady income and we currently rent the property we are living in (I have my own business which has only recently started making money and no financial or other assets).

So do people on here agree that she could take this step (or a lawyer might advise her to do so) if I took the action of having her spouse visa revoked?
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Messages In This Thread
Revoking Spouse Visa Whilst Divorcing - Need Advice - by mrmajestic - 10-13-2019, 06:31 PM

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