ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

indefinite leave to remain (ILR) status after divorce

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
grateful1981
Newly Registered
Posts: 1
Joined: Fri Oct 31, 2014 3:27 pm

indefinite leave to remain (ILR) status after divorce

Post by grateful1981 » Fri Oct 31, 2014 3:48 pm

I am a US citizen married to a British citizen. We have been separated for 2 years. I currently hold indefinite leave to remain (ILR) since Dec 2007. We have decided this week sadly to start the divorce process and I have received the divorce petition.

I've received different advice but my concern is:

Will this now affect my status of ILR?

Will I risk having my ILR changed or will I have to reapply?

Will the divorce affect my future application for UK citizenship?

Am I obligated to notify the Home office? I was told I was and given this link buy a private legal advice consultancy: https://www.gov.uk/visas-when-you-separate-or-divorce

Basically if I agree to the divorce petition and sign, can this put me at risk of losing my stay here, employment, university studies and future?

Any advice give would be helpful

Universal soldier
BANNED
Posts: 524
Joined: Tue Jul 23, 2013 9:04 pm

Re: indefinite leave to remain (ILR) status after divorce

Post by Universal soldier » Fri Oct 31, 2014 3:56 pm

The link you pasted had already replied you, just concentration need. When you got ILR then you got your own unlimited rights and no longer depends on anyone. Read the language of that link and I am sure you too have good English because they talking about visa/limited leave but not said any thing about ILR which is not visa/limited leave but an unlimited right owned by its holder without depends on anyone. Other experts Casa, Obie, wanderer may spread more better light on this query.

User avatar
Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: indefinite leave to remain (ILR) status after divorce

Post by Casa » Fri Oct 31, 2014 4:27 pm

It won't affect your ILR status as you are no longer under Immigration control. However, once the divorce is finalised you won't be able to apply for British Citizenship as the spouse of a British National. This means your route to Citizenship will require 5 years of legal residence and 12 months must have passed since ILR was granted before applying.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Universal soldier
BANNED
Posts: 524
Joined: Tue Jul 23, 2013 9:04 pm

Re: indefinite leave to remain (ILR) status after divorce

Post by Universal soldier » Fri Oct 31, 2014 4:42 pm

Casa wrote:It won't affect your ILR status as you are no longer under Immigration control. However, once the divorce is finalised you won't be able to apply for British Citizenship as the spouse of a British National. This means your route to Citizenship will require 5 years of legal residence and 12 months must have passed since ILR was granted before applying.
Just a rapid question here that how about this 5 years of legal residence requirement for a person who got ILR through 10 years legal residence but later divorcing its EU national partner. Can the British citizenship will still need 5 years legal stay and be start counting after finalised divorced for British citizenship or simply after 12 months of getting ILR the British citizenship can be applied.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: indefinite leave to remain (ILR) status after divorce

Post by physicskate » Fri Oct 31, 2014 5:23 pm

Universal soldier wrote:
Casa wrote:It won't affect your ILR status as you are no longer under Immigration control. However, once the divorce is finalised you won't be able to apply for British Citizenship as the spouse of a British National. This means your route to Citizenship will require 5 years of legal residence and 12 months must have passed since ILR was granted before applying.
Just a rapid question here that how about this 5 years of legal residence requirement for a person who got ILR through 10 years legal residence but later divorcing its EU national partner. Can the British citizenship will still need 5 years legal stay and be start counting after finalised divorced for British citizenship or simply after 12 months of getting ILR the British citizenship can be applied.
12 months after ILR with a total of 5 years in the UK...

Locked