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Hi Everyone,

I am new to this forum but have read with interest the helpful advice/suggestions from forum members and moderators. I have one question and would be grateful for some guidance

I am due to apply for ILR after 6 years of DLR (2 x 3years). In both occasions of DLR being granted, I was given under the category of family life as I was living with my partner (who had ILR) and my daughter who is currently under 16years old and British. My partner and I divorced last year and I was given custody of my daughter who is currently in a boarding school being paid by me.

My question is will the fact that I am divorced affect my ILR application? or will the fact that I have responsibility of my daughter go in my favour?

Some sound advice much appreciated

Thank you

Looks like there has been a material change of circumstances. You have divorced, secondly the chid i's at boarding school and may be seen as not needing you.

How often do you see her?

Obie wrote:Looks like there has been a material change of circumstances. You have divorced, secondly the chid i's at boarding school and may be seen as not needing you.

How often do you see her?

Obie, I believe that the OP being the legal custodian of the child will go in their favour, together with being responsible for paying the boarding school fees.

I am not disputing he will be disqualified for residence, however under the DLR system, common sense is not usually applied.

I remember a woman on this forum several years back, who was refused because she ceased to resided with her non-national husband who had subjected her to domestic violence.

Even though both of them did not have leave, and leave was obtained through their children and following the abuse an injunction was placed against the guy, they still refused on the basis that there has been a change in family structure.

Obie wrote:Looks like there has been a material change of circumstances. You have divorced, secondly the chid i's at boarding school and may be seen as not needing you.

How often do you see her?

Thanks Casa and Obie for your response. I visit her weekly in school. If I was deported or refused ILR she wouldn't be able to continue her education as the father does not contribute towards her upkeep let alone her education.

Also what will the alternative be for me? Do you know of any good law firm/solicitors and could talk to about my case in anticipation?

Thanks

Just for the avoidance of doubt, i am not suggesting that you will not get permission to stay, my only concern is if they will consider that the circumstance surrounding your grant, did not last for the entire 6 years.

Put documents and proof to show your relationship with your daughter and the importance of the bond. I just receieved my ILR Last week and was briefly seperated from my husband for 9 month but only came back just a month before application. I showed proof we are together and was given ILR. Pray for favour too.

Obie wrote:Just for the avoidance of doubt, i am not suggesting that you will not get permission to stay, my only concern is if they will consider that the circumstance surrounding your grant, did not last for the entire 6 years.

Thanks Obie, I understand where you are coming from. Sometimes HO does not apply logic to cases and you are right it might be a challenging one for me.

Are you guys allowed as moderators to recommend any good solicitors for members on this forum? I might be worth me seeking further legal guidance and clarifications.

Will keep you posted

Thanks

No moderators and members of the forum, are not strictly speaking permitted to mention or recommend any legal firms in the UK.

When are you due to apply for ILR?