Divorce

[Eamon]

My Chinese wife and I are divorcing after eleven years of marriage, the last two spent in the UK. Although she has ILR, a friend of hers has told her that as a divorcee she will have no recourse to public funds until she has lived in the UK for three years. Is this true?

Thanks in advance for any info.

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[JAJ]

My Chinese wife and I are divorcing after eleven years of marriage, the last two spent in the UK. Although she has ILR, a friend of hers has told her that as a divorcee she will have no recourse to public funds until she has lived in the UK for three years. Is this true?

As far as I know it is not true. Any ILR holder is allowed to access public funds, although there are residence tests for some benefits.

Maybe he's talking about eligibility for home fees at university?

One effect of divorce is that she will not be able to apply for naturalisation under the 3 year rule (once the divorce is final), and will need to wait until she has 5 years in the UK. However the 3 year rule only applies if you are a British citizen - is that the case?

[Eamon]

Thanks for our reply, JAJ.

Yes, I am aware of the effects on any naturalisation application. Perhaps her friend is confusing things with that.