Hello! I would dearly love some advice from anyone who can help, first the facts:
My lovely boyfriend of one year is South African and has been living and working in the UK on a 'family visa' or spousal visa because his wife holds an Irish passport. He entered the UK in May 2002 and his visa is valid til April 2008.
He separated from his wife in autumn 05, and they have one 3 year old daughter together.
He is self-employed (he subcontracts via the CIS scheme, which means he files his taxes on an annual basis).
His divorce is amicable and moving along quickly - and based on the Home Office letter that accompanies his visa, he would no longer be entitled to stay in the UK once he is divorced due to the nature of his visa. He is expecting to be divorced by April 2007, latest.
We have looked into various ways of obtaining him indefinite leave to remain but seem to keep hitting a wall:
- ILR on basis of UK ancestry (his grandfather was born in England) - not allowed once entry has been gained in a different category?
- ILR on basis of 3 years plus marriage - not allowed because his wife holds Irish passport?
- ILR on basis of parent to a UK citizen - child does not live with him?
- ILR on basis of 5 years residency - apparently not allowed because he currently has an EEA4 visa (we don't understand this but that is what the IND helpline said) so needs to apply for ILR on basis of this.
Surely he won't be able to apply for ILR on basis of EEA4 once divorce is through? Can anyone help?
Thank you SOOOOOOO much in advance, it's all such a maze!
Peanut xxx
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