ILR and divorce

[HarryC]

Hello Forum

I am new to this forum and did search for my answer but couldnt find anything so please apologise if either i am duplicating a post in the past OR posting this at a wrong please although would require a serious guidance.

I am currently on ILR which expires in 2028. I have been in this country since Jan 2009 and married for nearly 4 years. My marriage life is going through a serious turmoil and it seems to me that we will end up separated and divorced. My questions are

a)If i get divorce, will it affect my residential status? i have heard that once i have been granted ILR, then i wont be deported back. is that true?

b)I do know that my eligibility to settlement will change but since i have been in this country for 5 years, will i still be okay to apply for settlement based on my 5 years residence status?

C) do i need to inform UKBA if i do get divorced OR when i apply for my settlement, i will have option to mention in there.

Thanks for your reply in advance

[Casa]

ILR doesn't have an expiry date. Why do you believe your visa expires in 2028?
You won't lose permanent status if you divorce. Is your spouse British?

[HarryC]

Hello Casa

Thanks for the reply.

Sorry I did meant that it ends in 2028 and I can then renew it.
My spouse is british.

If I do get divorced, will I still be able to apply for settlement based on my 5 years residency in UK.

Thanks
Harry

[Casa]

You don't need to renew an ILR visa. It's permanent.
If you divorce you can apply with 5 years residency. Until the divorce is finalised however, you can apply after 3 years of legal residence even if you're separated. You don't need to inform the HO of your divorce. You mention 'when you have settlement'. You already have permanent settlement. Why haven't you applied for British Citzienship?

[HarryC]

Thanks Casa

So just to clarify.

Currently on my BRP card, it says expires 28th july 2022. So I dont need to renew it even if I cross this date?
I got married in july 2010
In this country since jan 2009

If I want, I can apply for settlement anytime I want now? Do I need to notify UKBA that I am divorced or when I apply for settlement, I will have option to state if I am applying based on my 5 years residency status or 3 years of marriage.
I have crossed my 3 years marriage but if I apply for settlement on the 3 years of marriage, I dont think my spouse will support my document which is why I rather apply on my individual status of residence.

[HarryC]

Sorry saw you have answered part of my question.
I currently have ILR. I havent yet applied for british passport because I never got around doing it but now will do.

[Casa]

Your spouse doesn't need to support your application. 3 years of legal residence are required, not 3 years of marriage. Alternatively apply under the 5 year legal residence route. When did you receive ILR?
You can't apply for a British passport until you've been granted British Citizenship.

[HarryC]

I got my ILR on 28th july 2012.

[Casa]

Then you could apply now under the 5 year route as long as you meet all of the standard requirements.

[HarryC]

thanks Casa

appreciate your time on this.

Standard requirments - is this somewhere i can read through to check what they are?

Thanks

[Casa]

Here's the link to the information you need;
https://www.gov.uk/becoming-a-british-citizen

[HarryC]

Fantastic

thank you so much !

[Casa]

You're welcome.

[ukswus]

You don't need to renew an ILR visa. It's permanent.
If you divorce you can apply with 5 years residency. Until the divorce is finalised however, you can apply after 3 years of legal residence even if you're separated. You don't need to inform the HO of your divorce. You mention 'when you have settlement'. You already have permanent settlement. Why haven't you applied for British Citzienship?

I thought so too, but here's an interesting post:

http://www.immigrationboards.com/britis ... l#p1020942

Apparently, that person was asked to prove that his/her relationship with the BC was subsisting at the time of his/her application for citizenship. Otherwise why ask for cohabitation documents?

[Casa]

The guidance for those married or in a civil partnership to a British Citizen remains the same:
1.15 Indicate your marital/civil partnership status by ticking the appropriate box. You are
for our purposes married even if you are now legally separated.