Divorce and Indefinite Leave

[voodoogsx]

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 !!

[nicky1234]

Hi

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.

I have very little knowledge about Ancestory Visa.To be honest

I really dont understand why you have not applied for ILR after five years.

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.

This is only hope in your case.As when your daughter have ILR you can apply for Access to Child visa resident in UK.So with divorce proceeding also make an application for Contact Order to see your daughter.When you have this order make an application under immigration rule 248 for 12 months access to child visa.After 12 months you can apply for ILR.
You need to see a good family solicitor and should focus on access rights.

http://www.ukba.homeoffice.gov.uk/polic ... es/part7/

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.

This is a surprising thing.Surprise surprise....

I dont know this is really suspicious.
May be you are also able to apply for ILR and she is playing a tricky game with you.

You need to get legal advice before signing anything and must check are you qualified for ILR under this rule.

Before writing anything ,be sure

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.

How you can say that without knowing immigration rules?
You need little study of this visa category.

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.

Yes may be.so get professional legal advise.

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 receiving 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.

Already said your other only option can be access to child visa route.I have given link for details.


Nicky

[voodoogsx]

Hi Nicky,

Thanks for the advice and the link it makes a bit more sense now.

I have done a bit more research on the rules you have provided but am unsure about one thing....

The instances are referring to a marriage that has broken down before the 2 year probation is up. As I am way way past this and have already been providing support, visitation etc to my child do I still have to go down this visa route.

The rules state that after I have gained this visa for a year I can apply for ILR. On what basis would you apply for ILR as there is no category anywhere for this ? If there is surely I could just get a letter from my EX and apply for this direct ?

Thanks again

[nicky1234]

Hi Nicky,

Thanks for the advice and the link it makes a bit more sense now.

I have done a bit more research on the rules you have provided but am unsure about one thing....

The instances are referring to a marriage that has broken down before the 2 year probation is up. As I am way way past this and have already been providing support, visitation etc to my child do I still have to go down this visa route.

The rules state that after I have gained this visa for a year I can apply for ILR. On what basis would you apply for ILR as there is no category anywhere for this ? If there is surely I could just get a letter from my EX and apply for this direct ?

Thanks again

You are providing support is good and would make your case strong.But you are not under this rule so you have to apply for 12 months visa under rule 248a and after that you can make application for ILR.
This is clearly an immigration rule and read the link again I have provided.
Remember you need contact order to apply under this visa category.

If your wife can give stamenet(letter) that you can have contact with your daughter then you dont need contact order from family court.

Nicky