Tricky one |Divorce before ILR

[Tkhigh]

Hi Everyone,

I hope I can get some feedback on this to get an idea on how to get started. Here's the situation; my sister married a UK citizen (overseas) and moved to the UK in 2011, got her spouse visa and now she is eligible to apply for ILR in September. He husband is insisting on divorce and saying he will not support her ILR. She also just found out she is pregnant and he doesn't want the baby and wants her to terminate, which she won't.

He is also threatening to divorce her overseas and just certify the document in the UK so he won't have any financial obligation. My question is will she be still eligible to apply to her ILR in Sept if he either filed for divorce in the UK or divorced her overseas?

Unrelated question, what are her rights now that she's pregnant? also does he have any financial obligations towards her and the baby? i know here in the U.S the laws heavily favors the woman but I was told the UK is drastically different.

Any feedback is most welcome. Thanks!

[Casa]

For divorce advice it would be better to seek advice from a legal professional, specialising in family law.

Regarding her right to remain, contrary to the EEA Regulations, it isn't divorce which ends the right to remain in the UK as a foreign national. It's from the point that the relationship is no longer subsisting.

If your brother-in-law doesn't support her application for ILR it will fail. However, once the baby is born and assuming she will be living separately from her husband, she could apply for FLR(M) PARENT route, which is a 10 year route to settlement (ILR).

What nationality does she hold?