ILR application while separated

[richardso]

I married my British husband in 2001 in the United States. He was subsequently transferred to the london office of his company in 2004. I followed him once I finished my degree in the US the same year. I entered the UK on a 2 year spousal visa and am due to apply for my ILR in the next few months.

We have since separated and the marriage is irrepairable. Over the last two years I have continued my studies in the UK and earned a Conversion degree in UK law and the LPC course and have secured a training contract with a city firm in London.

As it stands, I will be unable to use my schooling in the US (as I will be qualified as a UK solicitor) and don't want to lose my position with my firm based on the inability to secure ILR.

Are there any concessions in the law for someone in my position? We have not been living together for a while now, but he is willing and cooperative to assist me in any applications for ILR. However, I feel very uncomfortable lying on the application stating that we have been/do live together and intend to remain married.

Does anyone have any advice? I could discuss this with my firm and request that they sponsor a work visa, but am worried this may jeopradize thier awarding me a training contract, since when I joined I assured them I would have a visa (at the time I did not expect to be in this position).

Any advice on this matter would be appreciated.

Thanks

[stedman]

Your options are limited at this stage. I think you should go ahead and say you're married - afterall it isn't a lie, you still are... Law isn't a shortage occupation so I can't imagine you securing a work permit for a training contract. If you were applying for a senior position at Linklaters, say, a WP is possible, but probably not for a training contract.

I'm no expert, just stating my opinion which could well be wrong!

[John]

richardso, you don't give any detail about why the two of you are living separately, which of course is understandable, but nevertheless it is relevant to ask ..... was there any domestic violence against you? And if so would that be confirmed by the records of the Police, or a doctor or Social Services?

[richardso]

There was no kind of domestic violence or anything else so dramatic.

Unfortunately, he has issues remaining monogomous and I simply couldn't stay anymore with his consistent filandering.

While this was enough for me to leave, I doubt the Home Office will grant me much sympathy.

[333]

Does anybody know what tests/ look ups they do behind the scenes when vetting these type of visas ?

[John]

Richardso, especially as you say :-

as I will be qualified as a UK solicitor

-: I really do think you need to download the form SET(M) .... click here ... and having done so you should read the declarations you and your husband would need to sign on page 17 of 20. In particular read the words in bold print immediately above where each of you would sign.

You might also like to review the need for documentary evidence, evidence that is needed to show that the two of you are actually living at the same address!

On reflection you will no doubt feel that you personally could not sign the declaration, and indeed could not encourage your husband to sign his declaration, and in any case it is doubtful you have the required supporting evidence.

In short, give up that idea!

Frankly now that your marriage has broken up you really should leave the country forthwith, and not wait until near the stated expiry date on the visa. But what sort of other visa might you get? I think you might struggle to get a WP, but wonder whether you might qualify for HSMP? Probably not.