divorce / ILR

yankee1 · Post by **yankee1** » Thu Oct 14, 2010 9:42 pm

Being married to my partner for nearly four years now.

I got my indefinite leave to remain in early 2009 & sometimes around march 2009 things between me and my partner started getting worst.

To cut story short we both living seperately now. She (my partner) now seeking divorce and making up completely false allegation of the situation.

Can you please advise me if the divorce will ever affect my ILR in any circumstances.

zhashim · Post by **zhashim** » Thu Oct 14, 2010 10:22 pm

No, it will not have any effect. Your visa conditions are dictated to you very clearly when it is granted (e.g. you must be regular resident in the UK, etc.)

Your marriage only has relevance if you are a dependent or on a spouse visa. If you have been granted ILR it supercedes the restrictions placed by short term visas.

avjones · Post by **avjones** » Fri Oct 15, 2010 2:43 am

What is your wife actually saying? Is she saying that your relationship had already finsihed when you got ILR, or something similar?

zhashim · Post by **zhashim** » Fri Oct 15, 2010 4:04 am

avjones wrote:What is your wife actually saying? Is she saying that your relationship had already finsihed when you got ILR, or something similar?

Amanda forgive me if I am wrong here, but would that make a difference? Surely the rules of double jeopardy do not apply where immigration is concerned?

It would be highly irregular for the UKBA to revoke an ILR on this basis.

Furthermore, wouldn't such allegations by the wife serve to incriminate her as well for hiding evidence of such a breakdown at earlier junctures?

avjones · Post by **avjones** » Fri Oct 15, 2010 8:26 am

zhashim wrote:
avjones wrote:What is your wife actually saying? Is she saying that your relationship had already finsihed when you got ILR, or something similar?
Amanda forgive me if I am wrong here, but would that make a difference? Surely the rules of double jeopardy do not apply where immigration is concerned?

It would be highly irregular for the UKBA to revoke an ILR on this basis.

Furthermore, wouldn't such allegations by the wife serve to incriminate her as well for hiding evidence of such a breakdown at earlier junctures?

Yes, it potentially could make a real difference. Double jeopardy isn't relevant.

It wouldn't be irregular at all, if they curtailed leave to remain on the basis of deception.

The wife's allegations might not include evidence of any wrong doing on her part.

yankee1 · Post by **yankee1** » Sat Oct 16, 2010 1:22 pm

@ avjones

Thank you very much for your comments

1. She is actually stating violence as one of her ground for divorce. Which has never occurred while we were together.

2. There was no any deception at all. But she sent me packing out of the house and moved in another guy. She is presently preganant for the guy.

Please could you advise if this will have any effect on my record or my status.

Thanking very much and look forward to hearing your comment.

Post by **Casa** » Sat Oct 16, 2010 3:49 pm

It won't affect your legal status here. The divorce is purely a family law matter and nothing to do with immigration.

avjones · Post by **avjones** » Sat Oct 16, 2010 8:03 pm

It won't affect it unless:

(1) she's saying the relationship broke down before the ILR application / grant

(2) You get prosecuted and convicted for criminal offences

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divorce / ILR

divorce / ILR