Divorce before ILR

[Saqifari]

Hi anyone of you having a good knowledge about it do reply me accordingly
I came in UK 6years ago and got married here with a British girl in February 2012 then got a spousal visa in 2014 now in October I am eligible to apply for ILR. On 5th October 2016 I went to the premier service for the application but my wife didn't go with me because of her mother's illness. On that day they gave me a letter asking for further documents within 14days.before I could send any they emailed me and invited for interview now my wife is refusing to go with me on interview and I can smell my marriage is going under crises that it can sooner be over. I replied them today that we can't appear on interview and they asked for the evidence as why can't we be apppeared.
we are living together since 2012 and I got many letters in my name but a few in her name that I guess they are not satisfied on.
But now I wana ask if I get divorce from her or I give her divorce then where would I stand ?
What is in my favour if she divorces me ? Or if I give her divorce?
Secondly what should I do next in order to get a leave to live in U.K.
I am totally lost
I don't know what to do next as she's not coperating with me anymore.
Please reply

[CR001]

If wither of you initiate divorce before you are granted ILR, then you are not in a subsisting marriage and therefore not eligible for ILR based on your spouse visa.

A divorce in the UK can take many months.

If the marriage is not subsisting or has not been subsisting for a while, she is obliged to inform HO on the relevant form.

You would have to find another visa you qualify for.

[Casa]

Hi anyone of you having a good knowledge about it do reply me accordingly
I came in UK 6years ago and got married here with a British girl in February 2012 then got a spousal visa in 2014 now in October I am eligible to apply for ILR. On 5th October 2016 I went to the premier service for the application but my wife didn't go with me because of her mother's illness. On that day they gave me a letter asking for further documents within 14days.before I could send any they emailed me and invited for interview now my wife is refusing to go with me on interview and I can smell my marriage is going under crises that it can sooner be over. I replied them today that we can't appear on interview and they asked for the evidence as why can't we be apppeared.
we are living together since 2012 and I got many letters in my name but a few in her name that I guess they are not satisfied on.
But now I wana ask if I get divorce from her or I give her divorce then where would I stand ?
What is in my favour if she divorces me ? Or if I give her divorce?
Secondly what should I do next in order to get a leave to live in U.K.
I am totally lost
I don't know what to do next as she's not coperating with me anymore.
Please reply

Unless your wife supports your application, you won't be granted ILR. Refusing to attend the Home Office interview has probably damaged your chances.

For immigration purposes, there's no difference in who initiates the divorce.

Unless you have children together you may need to consider whether you qualify for a points based visa category.

You may also want to seek advice from a legal professional, specialising in family & divorce law.

[CR001]

Why did you only get a spouse visa in 2014 if you married in 2012?

What date did you APPLY for your spouse visa?

What was your visa status before your spouse visa?

[Saqifari]

I was on already married when I came from my home country
That was a dependent of my spouse
But later She took divorce from me
And I met a girl and married here in UK
Actually I got married in 2012 but when they took interview we failed
I went on appeal against that, then I won the appeal and granted spousal visa
This whole process took more then 2 years
Interview
Then hearing in court
And then granting visa
Yh I got your point that I'll not be eligible to ILR
BUT WILL I be eligible to right to be retained in U.K.?
Retainment right?
Because on the basis I have spent more than 2 years with her ??
Am I elegible to any other application if I divorce her or she does?

Thanku for your reply

[CR001]

BUT WILL I be eligible to right to be retained in U.K.?
Retainment right?
Because on the basis I have spent more than 2 years with her ??

Retained right of residence is ONLY applicable if you were married to an EU citizen (not British) for a minimum of 3 years.

Am I elegible to any other application if I divorce her or she does?

Only you will know what you might qualify for based on your work and / or study history, i.e. Tier 2 General or maybe Tier 4 Student visa. But unlikely you can switch within the UK.

[Saqifari]

Thanku so much for your time and reply
That was seriosuly helpful for me