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ILR and Separation
Posted: Mon Jun 29, 2020 7:35 am
by strada
Hi Moderators,
This forum has been helpful over the years regarding my immigration journey. I have a few questions for clarification:
Due to refusal of my ILR application ( Tier 1 General) in 2016, I switched to Spousal visa (British Wife).In all I will be completing my 10 years legal residency in December 2020.
But the family situation is bad at the moment as my Wife has asked me to move out of the home and it's looking like the separation will lead to divorce.
I am just not clear on the implication if I leave the family home on my ILR application. I also have 2 British kids.
Thank you.
Strada
Re: ILR and Separation
Posted: Mon Jun 29, 2020 1:13 pm
by zimba
You cannot get ILR under SET(M) if you separate. You long residence is also will be refused as you had a Tier 1G refusal (due to tax/income amendments) meaning time spent as Tier 1G visa was not lawful.
Re: ILR and Separation
Posted: Tue Jun 30, 2020 12:29 pm
by strada
Hi Zimba,
I am not applying for ILR under set(M). I'm applying under the 10 year lawful residency.
My initial ILR application was refused due to tax issues under paragraph 245C and not 322(5)
When I took the refusal letter to see a solicitor he said that it shouldn't have an impact on future application.
I will appreciate if you can clarify this.
Thank you.
Re: ILR and Separation
Posted: Tue Jun 30, 2020 12:58 pm
by seagul
strada wrote: ↑Tue Jun 30, 2020 12:29 pm
Hi Zimba,
I am not applying for ILR under set(M). I'm applying under the 10 year lawful residency.
My initial ILR application was refused due to tax issues under paragraph 245C and not 322(5)
When I took the refusal letter to see a solicitor he said that it shouldn't have an impact on future application.
I will appreciate if you can clarify this.
Thank you.
Flamboyantly, almost for all solicitor every work is possible. Apart of the tax issue, your visa will be curtailed because sponsor will report to UKVI for the breakdown of relationship which will make your case more quandary.
Re: ILR and Separation
Posted: Tue Jun 30, 2020 1:06 pm
by strada
I also have 2 British kids. Wont that be take into account?
Re: ILR and Separation
Posted: Tue Jun 30, 2020 1:11 pm
by seagul
strada wrote: ↑Tue Jun 30, 2020 1:06 pm
I also have 2 British kids. Wont that be take into account?
In case of having british kids you might get FLRFP.
Re: ILR and Separation
Posted: Tue Jun 30, 2020 1:44 pm
by strada
Thank you. I will see what I can do to resolve amicably
Re: ILR and Separation
Posted: Tue Jun 30, 2020 3:21 pm
by zimba
strada wrote: ↑Tue Jun 30, 2020 12:29 pm
Hi Zimba,
I am not applying for ILR under set(M). I'm applying under the 10 year lawful residency.
My initial ILR application was refused due to tax issues under paragraph 245C and not 322(5)
When I took the refusal letter to see a solicitor he said that it shouldn't have an impact on future application.
I will appreciate if you can clarify this.
Thank you.
You cannot get ILR under long residence as explained above as time spent under Tier 1G was not lawful.