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Will a canceled divorce affect ILR

 
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Irri
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Joined: 29 Mar 2011
Posts: 15
PostPosted: Sat Oct 13, 2012 6:41 pm    Post subject: Will a canceled divorce affect ILR Reply with quote
My wife and I split up. We've been on and off ever since. I want to give it one last chance, but I'd like to be divorced in a few month's time if it doesn't work out.

She is due to get her ILR late next year. If I were to apply for divorce, but not go through with it, is there any chance that could affect her ILR?
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Obie
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Joined: 21 Apr 2009
Posts: 3827
Location: UK/Ireland
PostPosted: Sat Oct 13, 2012 8:11 pm    Post subject: Reply with quote
It is likely to affect her. You are required to be in a subsisting marriage during her probation period for her to qualify for PR.

The onus is on her to make the relationship work. In the event of you splitting the borders agency may need to be notified.
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Irri
Junior Member


Joined: 29 Mar 2011
Posts: 15
PostPosted: Sun Oct 14, 2012 8:54 am    Post subject: Re: Will a canceled divorce affect ILR Reply with quote
Thanks for the response.

From the UKBA web page:
UKBA wrote:

"If your marriage, civil partnership or other relationship permanently breaks down while your partner still has only limited permission to stay in the UK..."


It says "permanently" so if two people have an argument, almost get divorced, then get back together surely that isn't permanent. Could they find out that a divorce was filed for, but never completed?

If we apply for ILR with all the documents proving we were living together and are still married, isn't that okay?
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