Immigrationboards.com

Posted: **Sun Feb 17, 2019 8:55 pm**

Hi
This might sound naive but as am just not sure what route to take.
My situation is I am currently on a 5yr spouse visa which will be completed end of March, my partner is British and we are currently separated but not divorced but we live apart and we have 3 children who are also British.
My question is will I qualify for ILR on the 5yr spouse route even though we are separated but not divorced or can I apply for ILR as a parent.
Alternatively do I start afresh 5yr parent route to settlement.
Any advice would be highly appreciated.

Posted: **Sun Feb 17, 2019 9:17 pm**

Eric24 wrote: ↑
Sun Feb 17, 2019 8:55 pm
Hi
This might sound naive but as am just not sure what route to take.
My situation is I am currently on a 5yr spouse visa which will be completed end of March, my partner is British and we are currently separated but not divorced but we live apart and we have 3 children who are also British.
My question is will I qualify for ILR on the 5yr spouse route even though we are separated but not divorced or can I apply for ILR as a parent.
Alternatively do I start afresh 5yr parent route to settlement.
Any advice would be highly appreciated.

You won't qualify for ILR as a spouse if your relationship is no longer subsisting. Neither will you qualify for ILR as a parent. You can however apply for further leave to remain under the FLR(FP) Parent route. This will put you on a new 10 year route to ILR.

If you are granted a visa under FLR(FP), you should be able to apply for ILR once you reach 10 years of legal residence with a combination of visa categories.

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