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Tier 2 dependant to ILR during the divorce process

Posted: Wed Jul 20, 2022 10:09 pm
by dreamcatcher123
Hi everyone,

Looking for some advice here.

I came to the UK from India in 2018 on a PBS Tier 2 dependant visa and will complete my 5 years on the same visa route next year. I intend to apply for an ILR after that. However, things have not worked out for me personally and I am in the middle of getting a divorce from my husband. The divorce filing has been made in India since we got married in India and have the marriage certificate issued there.

Also, we both still live in the UK but at different addresses. We don't have any joint accounts or bills with our names on them.

1. I believe my husband has already informed the government about the breakdown of our relationship. Should I still inform the government as a dependant too? Do they require any documents for that?

2. Will I require my husband's signature or any joint bills to apply for my ILR next year?

3. Should I fill my civil status as married or separated as I'm still legally married and don't have any legal document to prove that we are separated? (except that we live at different addresses)

The case is still in process and not sure about the timelines (could take a couple of years since it is not a mutual separation)

Please could you help me out with the above queries?

Thanks in advance.

Re: Tier 2 dependant to ILR during the divorce process

Posted: Wed Jul 20, 2022 10:22 pm
by CR001
You won't be able to get or qualify for ILR if you are divorced and your spouse has informed UKVI of the relationship breakdown. Your visa is likely to be curtailed.

Yes you require your spouses agreement and proof of cohabitation for the last two years before applying for ILR.