Immigrationboards.com

Hi, our immigration history started as me as the main Visa holder and my wife the dependant (before we were married)
since then we moved from HSMP to Work permit to Tier 1 to ILR.
Sadly now after 10+ years we are getting a divorce.

My question is, since she was originally my dependant, once the divorce goes through and I notify the home office about our change in circumstances... will she still legitimately be able to stay in the UK?

Currently both our biometric cards say “residence permit”
Type of permit: settlement
Remarks: indefinite leave to remain

And there is no mention on her of being a dependant.

Any help would be appreciated

No impact on immigration statuses for people on ILR after a divorce, indefinite leave to remain is not dependent on any individual even if previous leave to remain was as a dependent of the main applicant

Hi.

If your other half has indefinite leave to remain, then she is here on a permanent basis and can stay in the UK legally.

You divorcing her will not affect her entitlement to stay in the UK for indefinite.

Thanks Manka10 and WR1,
Is there any reference on the home office wbe pages that you can also point me to that states that?
Thanks in advance

See also, Revocation of Indefinite Leave (click).

Know it from friends experiences, don't mean to sound too personal but a divorce means you need not bother about her immigration status or anything else for that matter

You can always contact the UK Border Agency or contact an immigration specialist who will confirm divorce proceeding will bear no effect on someone who has ILR.

Of course, a ILR can be withdrawn but under exceptional cases as to the one Amber has posted above such as leaving the UK for over two years. But these factors are well outside of your control.

Sorry to hear about your divorce, but I was also in the same situation as you (my ex obtained ILR before our divorce), I've been through it and there's nothing that can be done to revoke a ILR as divorce has no impact on it (i consulted my lawyer who confirm divorce does not affect ILR when i asked if it can be cancelled).

lucid and aware wrote:My question is, since she was originally my dependant, once the divorce goes through and I notify the home office about our change in circumstances... will she still legitimately be able to stay in the UK?

There is no reason to notify UKBA of change in circumstances as you are both free from immigration control and not dependent on each other anymore. It is common for people to get divorced after ILR or BC applications.