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Partner applying for ILR but I want to end relationship.

Posted: Wed Nov 16, 2016 4:18 pm
by Andersonfive
My partner was granted TA when entering and had our baby a month later. I am British. After contact with immigration they have asked for biometric fingerprints and see her as someone who wants to apply for ILR on a human rights ground. FLRFP I believe.
Problem I have now is that I want to leave her. Our relationship has deteriorated so bad and I want out.
What would happen with an ILR claim if we were to separate. Before it is granted and after.
I don't care if she stays in this country or goes back. But I want to know for my son and what would happen to him.
Thank you.

Re: Partner applying for ILR but I want to end relationship.

Posted: Wed Nov 16, 2016 4:22 pm
by CR001
You are mistaken - FLR(FP) is NOT ILR. If the child is British, then yes, she can apply for FLR(FP) parent route but can only do this if you ARE separated.

FLR(FP) partner route requires a subsisting relationship so this won't work.

Did she get admission as a visitor?? If yes, did she pay for the birth??

Re: Partner applying for ILR but I want to end relationship.

Posted: Wed Nov 16, 2016 4:26 pm
by Casa
FLR(FP) isn't an application for Indefinite Leave to Remain (ILR). Assuming this is your wife's first application it's for limited leave and if successful would
generally grant an initial 2.5 year visa.

If you separate your wife could apply for FLR(FP) Parent route.

Custody of your child would be for a family court to decide.

Edit: Beaten by CR001 :roll: