Divorce after indefinite leave to remain

Divorce after indefinite leave to remain , (permanent residence), presupposes the consequences for a foreign national if there is a divorce prior to obtaining such permission to stay in the UK for the long term. One of the ways whereby a foreign national can obtain permission to stay in the UK under the immigration rules is by marrying a British citizen or a person who has settled in the UK, i. The rules around settlement in the UK are complicated and it’s worth exploring all the possibilities that could apply to your situation. If your leave to enter or remain is based on your relationship you must therefore inform the Home Office when you divorce or permanently separate from your partner.

Indefinite Leave to Remain after divorce will depend on a number of factors. You should not wait until you divorce to do so.

You will either then need to apply for a new basis to remain in the UK or leave the UK. I have just filed for divorce , as he gave me an ultimatum coupled with some blackmail - though I wanted a divorce anyway. Another way to lose your indefinite leave to remain is if the Home Office decides to revoke your indefinite leave to remain.

There are instances where a person who is granted indefinite leave to remain will lose it, for example, if they are liable to deportation or if they obtained indefinite leave to remain by deception. It can be revoked at any time if a criminal offence is committed but it is not automatically revoked on divorce. From an ethical standpoint it would not be ideal to remain with a partner if you were no longer in a relationship. Can the Home Office Curtail my leave?

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Get Assistance Online, On-Deman Hours a Day. Get from a Divorce Lawyer. and Connect in Minutes, Day or Night. Replied by perrypower on topic Re: indefinite leave to remain and divorce No. There is no onus on you to report and in any event he would still be permitted to stay I am told. If you have been granted a marriage visa and your spouse then tries to annul your marriage before the year probationary period has elapsed and before you have been granted indefinite leave to remain then you should take legal advice as soon as possible.

Once you possess ILR, you possess it in your own right — i. A Tier (General) migrant is eligible for indefinite leave to remain (ILR) under the ten-year long residence rules. They have had leave under Tier (General) for the last three years, and immediately prior to that had leave under Tier (post-study work). My husband and I are now taking steps to get divorced. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). Also, there may be another basis on which you might be permitted to stay.

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Residence in the UK and British Citizenship My wife is the holder of an Ancestral. This status allows you to live in the UK free from immigration control an eventually, apply for British Citizenship. How to settle in the UK after a divorce ? Indefinite leave to remain (ILR) means permission to live in the UK without any time limit. Holders of indefinite leave to remain are entitled to work in the UK and they are also entitled to receive any state benefits that they qualify for. No, it cannot be removed unless it was issued as a result of fraud i. Divorce after Indefinate Leave to Remain I recently obtained ILR after years of marriage to my husband who is a british citizen.

We have recently had a serious breakdown in marriage and I have left him, one month after obtaining ILR. Would a divorce affect a person’s indefinite leave to remain status? Found in: Immigration. This QA considers whether a divorce would affect a person’s ILR. To view the full document, sign-in or register for a free trial (excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance).

You must have lived in the UK as the partner of a person present and settled in the UK, or with Refugee Status or Humanitarian Protection in the UK for the past 2. It is a form of immigration status which the Home Office issues to non-EU nationals where they qualify for it under the Immigration Rules. ILR status allows you to live and work in the UK without restrictions on the length of stay. ILR residents may apply for UK citizenship after a period of continuous residence.

It is always a good idea to employ the services of a qualified lawyer to aid with the application process, and to ensure you have the strongest chance of a successful application.