Can he get ILR after divorce

[Sandravonhaselberg]

Let me paint a rough picture of the situation, before asking you for advice:
My husband is from Burkina Faso (west Africa) and came to the UK on a spouse visa nearly 3 years ago. We have a 6-year-old child together. Our marriage started deteriorating the minute he set foot in this country, for various reasons, personal and cultural, and after 15 months i asked him to move out - before the 2-year co-habitation requirement, and therefore jeopardising his stay here.

He moved in with a friend, where he lived for free for nearly a year and a half. Despite the situation, I supported his application for a discretionary extension of his visa, which he was granted. I did not want to separate father and child, despite the fact that his level of involvement was always less than satisfactory. Since his arrival in April 2007 he has been unable to to find any regular work, not even in the most menial jobs. He has been teaching drumming here and there for peanuts.

He finally had to move out of his friend's, when reality hit him, and he had to get money somehow. Needless to say, he is struggling badly, and it is clear now that he blames me for the state he is in. That was the straw for me that broke the camel's back and I have now filed for divorce. I myself am on benefits and am only slowly recovering from what has happened in the last 3 eyars.

He is due to apply for ILR in October, and my question to you is: what are his chances of succeeding? I have no intention of supporting his application, and will not speak favourably of him if asked. I am also thinking about ringing the home office and inform them of my filing for divorce, as I want to encourage his return to Africa. Our child has become a pawn in this conflict, and there needs to be a clear end to this. I do not think he came here with any intention of facing the reality of life here or becoming independent. The man is 47 years old.

Any thoughts, anybody else in a similar position?

Thanks

[joh118]

Let me paint a rough picture of the situation, before asking you for advice:
My husband is from Burkina Faso (west Africa) and came to the UK on a spouse visa nearly 3 years ago. We have a 6-year-old child together. Our marriage started deteriorating the minute he set foot in this country, for various reasons, personal and cultural, and after 15 months i asked him to move out - before the 2-year co-habitation requirement, and therefore jeopardising his stay here.

He moved in with a friend, where he lived for free for nearly a year and a half. Despite the situation, I supported his application for a discretionary extension of his visa, which he was granted. I did not want to separate father and child, despite the fact that his level of involvement was always less than satisfactory. Since his arrival in April 2007 he has been unable to to find any regular work, not even in the most menial jobs. He has been teaching drumming here and there for peanuts.

He finally had to move out of his friend's, when reality hit him, and he had to get money somehow. Needless to say, he is struggling badly, and it is clear now that he blames me for the state he is in. That was the straw for me that broke the camel's back and I have now filed for divorce. I myself am on benefits and am only slowly recovering from what has happened in the last 3 eyars.

He is due to apply for ILR in October, and my question to you is: what are his chances of succeeding? I have no intention of supporting his application, and will not speak favourably of him if asked. I am also thinking about ringing the home office and inform them of my filing for divorce, as I want to encourage his return to Africa. Our child has become a pawn in this conflict, and there needs to be a clear end to this. I do not think he came here with any intention of facing the reality of life here or becoming independent. The man is 47 years old.

Any thoughts, anybody else in a similar position?

Thanks

Well logically, he should not suceed in getting ILR as the marriage has been broken but in reality it is far more difficult.

This is mainly because of your child. If he is refused ILR, he could argue that this is a violation of his Human Rights, under the Human Rights Act Article 12 (Right to marriage and family) Basically he may have the right to a family which in his case is your daughter and ex husband.

This all really depends on whether he is given the custody of the child, if he is denied ALL links with his daughter then he really have no option but to return.

He could apply and then given ILR on "compassionate grounds" due to his "strong ties to the uk" (ie. his daughter) if not then I see a court case coming!

Really, anything can happen

[Sandravonhaselberg]

Thank you for your reply.
I see what you mean, and I sort of suspected that it would be less straightforward than the obvious bits of the law make out. And you're right, I can just see how he would try to go all the way to using the Human Rights Act to defend his case. But the fact is that he would never obtain custody of our son, as he has not contributed one penny to, nor shown any proactive involvement in his upbringing since he has arrived here. The man talks a lot bus does nothing. Well, he complains.

I appreciate your feedback.

[Danbrix]

I am not an expert in this stuff ... custody is a long shot but Access to Child may come into play. If successful then he will be eligible for ILR after 12 months.

[Sandravonhaselberg]

Thank you Danbrix
I think this is what the one year extension was he was granted after his spouse visa ran out last February, and which I (stupidly) supported with a tear-jerking letter. It took the authorities 6 months to process the case and in September he was granted the 12 months, and was told that at the end of that he could apply for ILR. But his behaviour has been completely unreasonable since then, hence my divorce petition.