will divorce effect my ILR ?

[peaceful_soul]

Posted: Mon Jun 30, 2008 9:08 pm Post subject: Hard life after ILR

--------------------------------------------------------------------------------

Hello people

it was only a year ago when I was taking advice from nice people here in forums on how to apply for ILR and I got it ... I was very happy and life was just smooth but now a very sad thing has happened... my partner is cheating on me and it looks like my marriege will be over soon... so here I am again to find out where do I stand...?

Here goes my brief immigration scenario: I came to UK 7 years ago on student visa. At the end of my studies I met my current wife and we got married finally in 2005. We applied for spouse visa in 2006 and in the beginning of 2008 I got my Indefinite Leave to Remain in UK. My wife now wants to divorce me just 5 months after I got my ILR. She said that she don't love me. My life is completely shattered...I dont know what to do becuase I only stayed in UK for her after I finished my education

I need to know how this divorce (if it happens) will it effect my ILR status and will it effect my Naturalisation application which I was about to file...? Will it also effect on the duration of me obtaining the British Passport. I am working here full time and have a small business too. I pay taxes and every thing else is just fine and has always been according to law. My current wife and me have no joint property however we do have some other joint finanacial committments which we have been meeting successfully so far.

I willl strongly appreciate any advice that I may get from you.. thank you very much in advance.

[paulp]

Once you've got ILR, that's it. It can't be taken away unless it you lied on the application form.

If you're no longer married when you apply for naturalisation, the residence requirement goes up from 3 years to 5 years but you've been here for longer, so it doesn't affect you.

[Christophe]

I need to know how this divorce (if it happens) will it effect my ILR status and will it effect my Naturalisation application which I was about to file...? Will it also effect on the duration of me obtaining the British Passport.

A divorce will not effect your indefinite leave to remain. Once you possess ILR, you possess it in your own right — i.e. its continuation is not dependent on any status (marital, employment, etc) that you may or may not have, nor is it dependent on "sponsorship" or any such thing. (The only conceivable caveat to that would arise if your marriage was deemed to have been a "sham" marriage contracted for the purpose of immigration. However, based on what you say that is not the case and therefore there is no need to worry about that.)

As a person with ILR, you will be eligible to apply for naturalisation once you fulfil the various requirements, including the residence requirements. In your circumstance, if you are still married (even if not together) after three years' legal residence, you would be entitled to apply. You would need to supply evidence of your wife's British citizenship though (e.g. her passport), so I'm not sure whether this would be a problem?

After five years' legal residence, you would be in a position to apply regardless of your marital status at that time.

But given your time frames, it might not make much difference in reality?

[peaceful_soul]

Thank you for your reply. You have very well explained the situation and it has cleared up some of the confusions. Please note that I have been living in UK for almost 7 years now. Do I still need to wait for three years? I thought there is another category for Naturalization which is 6 years of stay in United Kingdom which I fulfill. Now the scenario is 2 Tier...

1) Naturalization ... 3years after marriege based on my current wife supports me by co-operating with me.

2) Naturalization ... after 5 years stay in UK and 1 year stay after obtaining ILR.. in total 6 years in this case. Will I be requiring her Passport in this case too ??? any ideas..

regards

[Christophe]

2) Naturalization ... after 5 years stay in UK and 1 year stay after obtaining ILR.. in total 6 years in this case. Will I be requiring her Passport in this case too ??? any ideas..

You already have ILR (you say), so you don't need the extra year: i.e. at the end of 5 years you would be eligible in your own right assuming that you have held ILR for the one year before you apply (which you will have done).

No, you wouldn't need to provide your wife's passport in that case.

I'm sorry to hear about your marriage situation, and I wish you all the best with that too.

[peaceful_soul]

Your information was again very helpful and now I have a clearer picture of where do I stand. I think I will apply for Naturalization once the year has passed and as you have adviced I don't need my wife's passport then it will be all fine.

Thanks for showing concern about my marriage... Mate I am still trying to save it.. I am not the kind of person who can marry ever again this was the first and the last one... I hope she will understand .. and we can sort things out between us...

I am also .. concerned about the "Sham marriage" point raised by you. That was very important fact. Although our marriage was not Sham we lived together unmarried. Also we applied for ILR almost 6 months after marriage. Question is if she gets nasty with me (with a big IF) can she prove it as a sham marriage??? how do law see sham marriage as sham one??? is there any clear definition of it... any clues

[vinny]

Thanks for showing concern about my marriage... Mate I am still trying to save it.. I am not the kind of person who can marry ever again this was the first and the last one... I hope she will understand .. and we can sort things out between us...

See also Angry husband and ILR.

On sham marriages, see also [2008] UKAIT 00031 IS (marriages of convenience) Serbia, etc.

[Christophe]

I am also .. concerned about the "Sham marriage" point raised by you. That was very important fact. Although our marriage was not Sham we lived together unmarried. Also we applied for ILR almost 6 months after marriage. Question is if she gets nasty with me (with a big IF) can she prove it as a sham marriage??? how do law see sham marriage as sham one??? is there any clear definition of it... any clues

See Vinny's link. But based on what you say there doesn't seem to be any likelihood of a problem. I wouldn't worry about that.

[shumon_70]

Thanks for showing concern about my marriage... Mate I am still trying to save it.. I am not the kind of person who can marry ever again this was the first and the last one... I hope she will understand .. and we can sort things out between us...

See also Angry husband and ILR.

On sham marriages, see also [2008] UKAIT 00031 IS (marriages of convenience) Serbia, etc.

It clearly states here: http://www.publications.parliament.uk/p ... 5awe11.htm

On No.6. British citizens seeking to deport their spouse after the granting of Indefinite Leave to Remain— we have seen a number of cases where spouses have left the matrimonial home immediately after receiving ILR. Realising that the marriage was used as a vehicle to overcome immigration rules, MPs are asked to notify the Home Office in the hope of expediting deportation (see section 2 below).

How about the wife get MP to comlpain to UKBA, saying "the marriage was a vehicle for ILR?" It clearly state there?

[Casa]

As the wife wants the divorce this really doesn't appear to apply. The application for BC can be made now are they are still legally married. The time spent legally in the UK counts towards BC qualification.