Dependent's ILR at her own

[NadeemS]

Hi all,

One of my friends is facing some harsh realities of life i.e. high-level differences with his wife. When he was about to apply for ILR for whole family, his wife moved to her relatives along with kids. My questions are:

1. If he now obtain ILR for himself and kids only and not for his wife, can his wife obtain ILR at her own without the consent of her husband? Status of his wife is still dependent of my friend. If not, when she will be able to get ILR at her own? Her current visa is for two more years.

2. If she travel to her home country and her husband informs home office that he is no more liable for her (just a statement) i.e. want to take her out of his dependents list. Will home office allow her to enter in UK on return?

Thanks & Regards
NdS

[Cosmopol]

You may want to provide a few more details, e.g. how long ago did they marry, how long ago did she enter the UK, etc.

[Kayalami]

Nadeem,

So we have another immigration revenge thing going on here.

Legally the wife can only get ILR through the husband as the principal visa holder if she is included in the application form - if she is not the she won't get ILR. The kids if included in the application form will get ILR - you need their passports though - does the mother have them?

The wife's visa is valid until it is revoked by the Home Office or it expires. Revokation requires a statutory declaration from the husband that the relationship is no longer subsisting. The HO know that sponsors can and do abuse this 'power' so expect an investigation into potential fraud of the relationship from day 1 i.e. both the husband and wife will get grilled and they may both get charged with immigration offences. IMHO the HO will ignore this issue until the wife's visa renewal.

In any case the mother will/ can invoke the Human Rights Act in an application for her own FLR/ ILR on the basis of custody of the children who will then have ILR (this is the 1st thing any half decent lawyer would tell her to do anyway) - unless you of course don't get the kids ILR just to spite her chances but then you hurt the kids prospects which am sure you don't want to do.

Sorry dude I appreciate its tough when a marriage doesn't work out (especially when you feel used for immigration purposes) but best thing in the long term especially where kids are in the picture is to get it over with if that's what you decide (divorce), make contact/ financial arrangements for the kids, leave the authorities out of it and get on with your life.

Hope you get everything sorted out.

[Cosmopol]

I appreciate its tough when a marriage doesn't work out (especially when you feel used for immigration purposes) but best thing in the long term especially where kids are in the picture is to get it over with if that's what you decide (divorce), make contact/ financial arrangements for the kids, leave the authorities out of it and get on with your life.

Well said - I'd like to second that 100%. Wars often leave both sides in ruins; it's best to maximize not her loss, but your gain; however unpleasant it may feel today, you'll thank yourself tomorrow. Can't beat them - join them.

[NadeemS]

Thanks Cosmopol & Kayalami,

I am and will continue trying for a patch up between them. Thanks anyways for the information.

Regards

[tdabash]

Hello there,

I am sorry to hear about this family rift especially when children are involved.

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but best thing in the long term especially where kids are in the picture is to get it over with if that's what you decide (divorce), make contact/ financial arrangements for the kids, leave the authorities out of it and get on with your life

I totally agree with Kayalami

Please tell your friend to get over any immigration issue revenge.

In fact, I would advise him to apply for ILR for his wife and kids and conclude an honourable agreement in the same time. I quote what kaya said ‘leave the authorities out of it’ and what cosmopol said ‘Wars often leave both sides in ruins’

If your friend got ILR for the children, she will certainly get her ILR through them as kayalami has indicated.

If your friend did not get them ILR, The children may be out of the country and your friend has to take the trouble to travel in order to see them. Even if he tried to bring them to the country again when he regrets his action, it would be extremely difficult.

If divorce happened in this country while she has her/ got her ILR, The English family law will be applied. Your friend has to make arrangements for the children. He will pay a lot and may become homeless. Therefore, it is wise to conclude an arrangement and agreement with this woman and her relatives at this stage if divorce is to happen. However, she may renege on her agreement when lawyers get involved unless she honours her words.

Whatever happens, this woman is still the mother of his children even if she is the worst woman in the whole world. Your friend can not change this fact. Naturally, the children would love her.
Your friend has stuck in a sort of relation with this woman as long as he loves his children and cares about their well fare.

Involve a counsellor and/or a mediator at this stage. I presume you will be the one.

Good luck in this difficult mission

[baheri]

Hi, I have question. I am living in dis country for over five years on HSMP visa. I was abt to apply for ILR but recently ma wife come over here just month ago. I was wondering to know can I apply ILR with ma wife or I can apply for myself only at dis stage. I was told by friend dat my wife is also eligible to apply ILR!! If any one has idea let me know please thanks