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Apply for ILR without spouse

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mrken1
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Posts: 4
Joined: Mon Apr 09, 2018 10:18 pm
Zimbabwe

Apply for ILR without spouse

Post by mrken1 » Mon Apr 09, 2018 10:46 pm

Help! Help! Please

I am married to a UK citizen. For the past 2 years , our relationship has seen peaks and more troughs. My wife treats me like nobody to the extent that I have a better relationship with her siblings which did not like.

I work away from home recently and she has been avoiding speaking to me unless when she needs money. She also stopped paying her car finance (because I bought the car for her , paid deposit) as car is in my name, phone bill which is in my name and other things. I now have a bad credit because of that but thankfully I am paying up gradually.

She left her permanent job to work for an agency while I am still on permanent job earning over £30k.

we have been married for 5 years and 7 years of relationship in July. I am due to apply for ILR in Sept 18 but am sceptical with her supporting me through the application. I am in a good relationship with my step children and her siblings.

Please advice if I have any alternative ie through work or any other route.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Apply for ILR without spouse

Post by cyclina1 » Tue Apr 10, 2018 2:34 am

are you still living together? if not, you are done for......, except you are the victim of family violence. you can apply ilr only if you have genuine relationship with your wife and foreseeable to continue. your earning or relationship with her children or siblings means nothing to the HO...
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Apply for ILR without spouse

Post by cyclina1 » Tue Apr 10, 2018 2:45 am

the best is to restore the relationship with your wife. cohabitation is also essential, if you have your own address, you will be difficult to get this around.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CMOSUK
Senior Member
Posts: 638
Joined: Mon Aug 14, 2017 4:33 pm
Location: Glasgow, UK
Mood:
United Kingdom

Re: Apply for ILR without spouse

Post by CMOSUK » Tue Apr 10, 2018 6:44 am

mrken1 wrote:
Mon Apr 09, 2018 10:46 pm
Help! Help! Please

I am married to a UK citizen. For the past 2 years , our relationship has seen peaks and more troughs. My wife treats me like nobody to the extent that I have a better relationship with her siblings which did not like.

I work away from home recently and she has been avoiding speaking to me unless when she needs money. She also stopped paying her car finance (because I bought the car for her , paid deposit) as car is in my name, phone bill which is in my name and other things. I now have a bad credit because of that but thankfully I am paying up gradually.

She left her permanent job to work for an agency while I am still on permanent job earning over £30k.

we have been married for 5 years and 7 years of relationship in July. I am due to apply for ILR in Sept 18 but am sceptical with her supporting me through the application. I am in a good relationship with my step children and her siblings.

Please advice if I have any alternative ie through work or any other route.
If you could post your full immigration history with valid and expiry dates of each visa held then it would help us understand you immigration scenario.

From your post, so far you haven't mentioned what visa you are currently on (although assuming it must be on FLR(M) 5 year route). You haven't also mentioned what visa you where on before your current visa? As you state you have been married 5 years but have known your spouse for 7 years?!?
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


mrken1
Newly Registered
Posts: 4
Joined: Mon Apr 09, 2018 10:18 pm
Zimbabwe

Re: Apply for ILR without spouse

Post by mrken1 » Wed Apr 11, 2018 3:28 pm

Thank you all for the reply.

1. We still leave together partially as I visit every weekend off. I have also removed my name from the council tax as they refused to give a discount considering am renting somewhere near my job and pay council tax so I have another registered address.

2. She is off and on, reconcile tomorrow and fly off the handle tomorrow so it is difficult to rekindle the relationship fully. For example, I was to go on the long Easter weekend but she got angry over nothing really and blocked me from communicating. Though went but was not allowed in so had to go back. I also understand that she has moved my things to the basement. We are talking now though.

3. Immigration history
Student visa- Sept 2010 - Nov 2011
Post study visa- Feb 2012- Sept 2013
Spouse visa - Sept 2013 till date
You can see why we have known for 7 years

mrken1
Newly Registered
Posts: 4
Joined: Mon Apr 09, 2018 10:18 pm
Zimbabwe

Re: Apply for ILR without spouse

Post by mrken1 » Wed Apr 11, 2018 4:02 pm

1. We still leave together partially as I visit every weekend off. I have also removed my name from the council tax as they refused to give a discount considering am renting somewhere near my job and pay council tax so I have another registered address.

2. She is off and on, reconcile tomorrow and fly off the handle tomorrow so it is difficult to rekindle the relationship fully. I am not perfect but I have feelings and and peace maker. For example, I was to go home on the long Easter weekend but she got angry over nothing really and blocked me from communicating. Though went but was not allowed in so had to go back. I also understand that she has moved my things to the basement. We are talking now though.

cyclina1 wrote:
Tue Apr 10, 2018 2:45 am
the best is to restore the relationship with your wife. cohabitation is also essential, if you have your own address, you will be difficult to get this around.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Apply for ILR without spouse

Post by cyclina1 » Wed Apr 11, 2018 4:53 pm

In this case, you are in the worst scenario, you have no name together with your wife on council tax for where you lived. strongly suggested that you are not living together, not debatable. Coinhabitant is mandatory for ILR on spouse route, with some exceptions, What is your job and How long have you moved away?

If you cannot restore relationship with your wife, the only solution will be switch to PBS route, but you need to find a sponsor and your clock will be reset unfortunately, but at least you can stay. in your case, not saying ILR, you will have trouble to renew your spouse VISA.

You still have time, do everything you can do to restore the relationship is essential. and put your name back to the council tax bill.

mrken1 wrote:
Wed Apr 11, 2018 4:02 pm
1. We still leave together partially as I visit every weekend off. I have also removed my name from the council tax as they refused to give a discount considering am renting somewhere near my job and pay council tax so I have another registered address.

2. She is off and on, reconcile tomorrow and fly off the handle tomorrow so it is difficult to rekindle the relationship fully. I am not perfect but I have feelings and and peace maker. For example, I was to go home on the long Easter weekend but she got angry over nothing really and blocked me from communicating. Though went but was not allowed in so had to go back. I also understand that she has moved my things to the basement. We are talking now though.

cyclina1 wrote:
Tue Apr 10, 2018 2:45 am
the best is to restore the relationship with your wife. cohabitation is also essential, if you have your own address, you will be difficult to get this around.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

mrken1
Newly Registered
Posts: 4
Joined: Mon Apr 09, 2018 10:18 pm
Zimbabwe

Re: Apply for ILR without spouse

Post by mrken1 » Thu Apr 12, 2018 3:30 pm

Thanks for the reply. I have been working away since last year as my job is about 4 hours away from home door to door. So we agreed it is better I find somewhere near there. I work as an analyst.

Do you suggest I put my name back on the council tax regardless that i have a good reason for removing it ie no discount as am paying on a second address?

I am trying to make it work with my wife but it is 50/50 chance. I can't force love unfortunately :-)
cyclina1 wrote:
Wed Apr 11, 2018 4:53 pm
In this case, you are in the worst scenario, you have no name together with your wife on council tax for where you lived. strongly suggested that you are not living together, not debatable. Coinhabitant is mandatory for ILR on spouse route, with some exceptions, What is your job and How long have you moved away?

If you cannot restore relationship with your wife, the only solution will be switch to PBS route, but you need to find a sponsor and your clock will be reset unfortunately, but at least you can stay. in your case, not saying ILR, you will have trouble to renew your spouse VISA.

You still have time, do everything you can do to restore the relationship is essential. and put your name back to the council tax bill.

mrken1 wrote:
Wed Apr 11, 2018 4:02 pm
1. We still leave together partially as I visit every weekend off. I have also removed my name from the council tax as they refused to give a discount considering am renting somewhere near my job and pay council tax so I have another registered address.

2. She is off and on, reconcile tomorrow and fly off the handle tomorrow so it is difficult to rekindle the relationship fully. I am not perfect but I have feelings and and peace maker. For example, I was to go home on the long Easter weekend but she got angry over nothing really and blocked me from communicating. Though went but was not allowed in so had to go back. I also understand that she has moved my things to the basement. We are talking now though.

cyclina1 wrote:
Tue Apr 10, 2018 2:45 am
the best is to restore the relationship with your wife. cohabitation is also essential, if you have your own address, you will be difficult to get this around.

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Apply for ILR without spouse

Post by cyclina1 » Thu Apr 12, 2018 6:00 pm

As mentioned cohabitation is mandatory for ILR on spouse route. No one forces you having a job 4hours away from home. And the caseworker won't have any sympathy about your relationship with wife and your 4 hours door to door
. If you don't fix this, that's it.

mrken1 wrote:
Thu Apr 12, 2018 3:30 pm
Thanks for the reply. I have been working away since last year as my job is about 4 hours away from home door to door. So we agreed it is better I find somewhere near there. I work as an analyst.

Do you suggest I put my name back on the council tax regardless that i have a good reason for removing it ie no discount as am paying on a second address?

I am trying to make it work with my wife but it is 50/50 chance. I can't force love unfortunately :-)
cyclina1 wrote:
Wed Apr 11, 2018 4:53 pm
In this case, you are in the worst scenario, you have no name together with your wife on council tax for where you lived. strongly suggested that you are not living together, not debatable. Coinhabitant is mandatory for ILR on spouse route, with some exceptions, What is your job and How long have you moved away?

If you cannot restore relationship with your wife, the only solution will be switch to PBS route, but you need to find a sponsor and your clock will be reset unfortunately, but at least you can stay. in your case, not saying ILR, you will have trouble to renew your spouse VISA.

You still have time, do everything you can do to restore the relationship is essential. and put your name back to the council tax bill.

mrken1 wrote:
Wed Apr 11, 2018 4:02 pm
1. We still leave together partially as I visit every weekend off. I have also removed my name from the council tax as they refused to give a discount considering am renting somewhere near my job and pay council tax so I have another registered address.

2. She is off and on, reconcile tomorrow and fly off the handle tomorrow so it is difficult to rekindle the relationship fully. I am not perfect but I have feelings and and peace maker. For example, I was to go home on the long Easter weekend but she got angry over nothing really and blocked me from communicating. Though went but was not allowed in so had to go back. I also understand that she has moved my things to the basement. We are talking now though.

cyclina1 wrote:
Tue Apr 10, 2018 2:45 am
the best is to restore the relationship with your wife. cohabitation is also essential, if you have your own address, you will be difficult to get this around.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Apply for ILR without spouse

Post by cyclina1 » Thu Apr 12, 2018 6:40 pm

So you have a lot to do if you want to get your ILR. Fix the relationship with your wife, move back and live with her, of course, put your name back to the council tax bill. Good luck~
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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