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My ILR status in the event of separation or divorce

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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springbok2891
Newly Registered
Posts: 3
Joined: Thu May 14, 2026 11:19 am
South Africa

My ILR status in the event of separation or divorce

Post by springbok2891 » Thu May 14, 2026 11:44 am

Good morning,

Just a brief timeline for context (we also have two children - 12 and 15):
I'm South African and came to the UK in March 2006 on a working holiday visa.
Met some from the EU, got married and by end of 2007 I had Family Member of an EEA National Permit (renewed 2013). This still tied me to my wife for travelling, living here, etc.
Post Brexit, we all went throught he EU Settlement Scheme, I got my blue residence card, no problem but told (cannot remember where) that it was on condition of my wife being an EEA National (Spain). Fine.
We then moved on to eVisas.

Now, Online it states the following:
-Settled status, also known as indefinite leave to remain

This leave is issued in accordance with the EU exit separation agreements:
-for EU citizens, and the family members of EU citizens, this is the Withdrawal Agreement
-for EEA European Free Trade Association (EFTA) citizens, and the family members of EEA EFTA citizens, this is -the EEA EFTA Separation Agreement
-for Swiss citizens, and the family members of Swiss citizens, this is the Swiss Citizens’ Rights Agreement

Without going into too much, the situation at home is dire and I'm at the point of wanting to walk away. I've exhausted all means of trying to salvage the situation and I fear losing my kids because if I start the process of separation or divorce and am therefore no longer legally able to be in the country, I will likely never be able to see them again if I'm deported.

I dropped much of the above into ChatGPT and it came back saying the ILR granted to me is "likely" not conditional on remaining married to my wife, but that I should make sure.

So that is the question to experts out there: is this correct? If I get divorced, will my ILR become invalid? I'm considering citizenship but cannot afford the costs at this moment, so that is not an option for me right now.

Thanks in advance.

lolo2
Respected Guru
Posts: 1397
Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: My ILR status in the event of separation or divorce

Post by lolo2 » Thu May 14, 2026 1:19 pm

springbok2891 wrote:
Thu May 14, 2026 11:44 am
If I get divorced, will my ILR become invalid?
No.

Your immigration journey ended at ILR, and the status is not tied to your marriage.

I suggest stop seeking immigration advice from chatGPT or any other AI tool, often it's very inaccurate.

springbok2891
Newly Registered
Posts: 3
Joined: Thu May 14, 2026 11:19 am
South Africa

Re: My ILR status in the event of separation or divorce

Post by springbok2891 » Thu May 14, 2026 1:28 pm

lolo2 wrote:
Thu May 14, 2026 1:19 pm
springbok2891 wrote:
Thu May 14, 2026 11:44 am
If I get divorced, will my ILR become invalid?
No.

Your immigration journey ended at ILR, and the status is not tied to your marriage.

I suggest stop seeking immigration advice from chatGPT or any other AI tool, often it's very inaccurate.
Thank you, that is reassuring and appreciated. That's exactly why I didn't stop at ChatGPT and came here appealing to the knowledge of my fellow humans.

Are you able to elaborate on the law behind this and the conclusion? Just so I can better understand my position. I'm sure you can appreciate the core situation is very stressful for me but getting this out of the way will take a massive load of my shoulders before I proceed.

lolo2
Respected Guru
Posts: 1397
Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: My ILR status in the event of separation or divorce

Post by lolo2 » Thu May 14, 2026 1:36 pm

https://www.gov.uk/guidance/indefinite- ... taken-away

I appreciate a divorce can be stressful but this has no impact on your current ILR status.

In the link above, UKVI explains in layman's terms when ILR can be taken away.

springbok2891
Newly Registered
Posts: 3
Joined: Thu May 14, 2026 11:19 am
South Africa

Re: My ILR status in the event of separation or divorce

Post by springbok2891 » Thu May 14, 2026 1:58 pm

lolo2 wrote:
Thu May 14, 2026 1:36 pm
https://www.gov.uk/guidance/indefinite- ... taken-away

I appreciate a divorce can be stressful but this has no impact on your current ILR status.

In the link above, UKVI explains in layman's terms when ILR can be taken away.
Thanks again and much appreciated.

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