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ILR AND WISHING TO GET DIVORCED

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Yasmin
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ILR AND WISHING TO GET DIVORCED

Post by Yasmin » Mon Dec 10, 2007 5:41 pm

Dear All,

I am after some advice if possible. My husband came to the uk in January 2001 on a student visa and he changed to a spouse visa in March 2005. We will be applying for ILR at the end of February (we will be going to the home office). However, I have a few questions if for some reason he does not get granted ILR would he have to go back to his country of residence or do the home office grant another period? If we wished to get divorced at all after he was granted ILR (we are happy together its complicated) then what would the implications be for him and me? Also, would my husband be able to apply for a British Passport?

Thanks in advance

Yasmin

VictoriaS
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Post by VictoriaS » Mon Dec 10, 2007 5:55 pm

If he is refused for ILR but you are still together, then whether he is granted extra leave depends. If it because he has not passed the Life int he UK test then he will be granted 2 more years. If it is because of maintenence and accommodation, then he may not.

If you divorce after he has ILR then, assuming you were genuinely still together when he applied, then he will keep the ILR.

Victoria
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Yasmin
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Joined: Sat Jul 29, 2006 11:26 am

Post by Yasmin » Mon Dec 10, 2007 6:53 pm

VictoriaS wrote:If he is refused for ILR but you are still together, then whether he is granted extra leave depends. If it because he has not passed the Life int he UK test then he will be granted 2 more years. If it is because of maintenence and accommodation, then he may not.

If you divorce after he has ILR then, assuming you were genuinely still together when he applied, then he will keep the ILR.

Victoria
Great thanks very much. He has passed his life in the UK test and has enough funds and I have enough funds in relation to maintence. We are both in full time jobs as well. The only thing we are lacking is some bills are not all in joint names but we can give explanations for these periods. How soon after he has ILR can he apply for a British passport does anything know this?

tasha75
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Re: ILR AND WISHING TO GET DIVORCED

Post by tasha75 » Mon Dec 10, 2007 9:36 pm

Yasmin wrote:If we wished to get divorced at all after he was granted ILR (we are happy together its complicated) then what would the implications be for him and me?
This issue (of divorce after ILR) is being discussed in a recent consultation paper from the Home Office. But it seems that unless the sponsor makes a complain, there isn't much the Home Office can do.
2.19 We also want to consider making it much more difficult for someone who has obtained settlement on the basis of marriage and then
abandoned their partner, to continue to benefit from settlement.
2.20 When this happens it is devastating for the person concerned and it undermines confidence in our immigration laws. Even though this happens after settlement has been granted, we feel we should still be able to act in the same way as if any other avenue to settlement had
been exploited.
2.21 One way is to revoke the immigration status obtained, or to make it liable to revocation for a set period after it has been granted. We are interested in hearing your views on this suggestion.
2.22 We also believe that those who sponsor a person to come to this country are entitled to know how their sponsorship has been used. We have increased the information that can be provided to partners who have been abandoned, for instance we will now say whether the person still has leave to remain on the basis of their marriage visa and whether we are going to take any action against them, but we want to see if more can be done in these situations.
2.23 For instance, if the person who has abandoned a sponsor wants to sponsor someone from overseas themselves, then the original sponsor should be able to be told about this and to supply any information that they think might be relevant to the new application. Otherwise, spouses who act as sponsors and are abandoned have their role as sponsor ended on the basis of someone else’s decision.
Do not live your life in fear.

Yasmin
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Posts: 20
Joined: Sat Jul 29, 2006 11:26 am

Re: ILR AND WISHING TO GET DIVORCED

Post by Yasmin » Tue Dec 11, 2007 8:35 pm

Hello

Great thank you very much for this informatinon. I was wondering when we get ILR how long will it take for him to obtain a british passport? Or will this be difficult if we get divorced. We are trying to decie what to do longer term. We are really happily married but its just our family situation that is awkward.

Thanks very much

Yasmin

John
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Location: Birmingham, England
United Kingdom

Post by John » Tue Dec 11, 2007 10:31 pm

Yasmin, I think you need to download the form SET(M) and then read the declaration that you will need to sign! Are you happy to sign that?

Also the declaration to be signed by your husband? Would he be happy to sign that?
John

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