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How secure is ILR after separation or death of partner?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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darkman
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How secure is ILR after separation or death of partner?

Post by darkman » Mon Dec 09, 2019 4:03 pm

Howdy

My American wife came to the UK about 10 years ago to live with me. I'm a Brit citizen and she has ILR.

Unfortunately due to my ill health, she's become concerned what could happen to her if I died. I know that sounds a bit cold or morbid! But really it's a sensible question. I'm as concerned as she is for her long-term welfare.

So how secure is ILR? She came to the UK as my wife. But what if she was no longer married to me? Is she less secure in the UK than a British citizen would be?

Thanks for any advice!

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CR001
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Re: How secure is ILR after separation or death of partner?

Post by CR001 » Mon Dec 09, 2019 4:09 pm

Nothing happens.

As an ILR holder, she is no longer under immigration control or requiring a spouse to sponsor her.

She can stay in the UK indefinitely, no issues. ILR is only lost if she is absent from the UK for 2 or more years.

Why does she not apply for British citizenship??
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darkman
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Re: How secure is ILR after separation or death of partner?

Post by darkman » Mon Dec 09, 2019 4:12 pm

We want to arrange citizenship, but find the process daunting. We don't know a "professional" referee, let alone one who's known her for 3 years.

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CR001
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Re: How secure is ILR after separation or death of partner?

Post by CR001 » Mon Dec 09, 2019 4:20 pm

Have you looked at the professional referee list? It is not usually difficult to find one. Page 24 in the link below.

https://assets.publishing.service.gov.u ... 1.0EXT.pdf

Note that it does NOT have to be someone she deals with professionally. It can be a friend that is someone with a profession on the list, i.e. a nurse or pharmacist etc and they can be of any nationality.
Char (CR001 not Casa)
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darkman
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Re: How secure is ILR after separation or death of partner?

Post by darkman » Mon Dec 09, 2019 4:40 pm

We don't know any of those people believe it or not. We've seen doctors or opticians off and on, sure. But not for 3 years. She's a housewife and doesn't really go out much (by choice). It's a real stumbling block actually.

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