Hi Everyone and hope you can be of assistance to my rather complex issue here...
I have read through several posts already but cant seem to mimic my circumstances so herewith a new post...
My wife and I were married in 2002 outside of the UK. She has ancestory rights through her parents and I was given right to accompany her and work etc with 5 year ancestry visas. We immigrated to the UK in sept 2003 and everything was fine. We renewed the visas we had (why renewed and not applied for ILR im not sure). We were both issued with residence permits, both stating limited leave to remain and expiring in 2012.
We have a 5 year old daughter born in the UK but does not have citizenship. She has instead a South African passport through me.
Our marriage has since broken down and we are in the process of getting a divorce unfortunately. She has gone and applied for her ILR along with my daughter (so she says).Her reasoning behind leaving me off the applications were honest in that we arent living together and are thus shown in our accounts and her council tax bills etc. She has however come back to me and said the home office wont process it until I sign a letter stating that I am happy for their application to go ahead without mine. And will I write this letter.
So my questions are as follows...
Im presuming that since we are no longer in an active marriage that my residence is to be revoked, though the visa makes no statement of any conditions of marriage just limited leave to remain residence permit.
If I give her such letter am I not leaving myself open to getting deported. I presume I can not apply for ILR on marriage grounds even though we have been married and resident in the UK for over 7 years.
I have looked at the other alternative options but dont quite understand them. If I sign the letter and then apply as a parent of a resident once my daughter has hers it is going to cost me nearly £ 2000 which i wont have for a very long time. But if I dont apply shortly after her recieving this status do I not end up here illegally. Obviously I am very settled here and have been full time employed, have a new partner and my daughter who means the world to me. I really dont want to have to leave.
Is there anyone who can advise as to what options are available to me
Any advice greatly appreciated !!
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