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How will divorce affect my ILR?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Carina Giglio
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How will divorce affect my ILR?

Post by Carina Giglio » Sat Mar 20, 2010 7:05 am

Hi all!

How will the divorce affect my indefinite leave to remain? What do I need to do to still be able to apply for my ILR after the divorce?

Please help.

Thanks.
Last edited by Carina Giglio on Wed Dec 08, 2010 11:22 am, edited 1 time in total.

Wanderer
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Ireland

Post by Wanderer » Sat Mar 20, 2010 7:08 am

No, you cannot apply for ILR as you are using EEA immigration rules.

You will get PR tho, if married for three years one of which must be in UK. The sticking point will be collecting the proofs your soon-to-be ex was exercising a treaty right during the period of the marriage, usually means sending his passport to the Home office.
An chéad stad eile Stáisiún Uí Chonghaile....

Carina Giglio
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Location: London

Post by Carina Giglio » Sat Mar 20, 2010 7:12 am

What does PR mean?

John
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Location: Birmingham, England

Post by John » Sat Mar 20, 2010 7:14 am

PR = Permanent Residence = the EU-route equivalent of ILR.
John

Carina Giglio
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Location: London

Post by Carina Giglio » Sat Mar 20, 2010 7:18 am

Thanks!

So that means I can after this time enter and leave the UK as I please?

Once I obtain the PR can I apply for citizenship either Italian/British?

Wanderer
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Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Sat Mar 20, 2010 7:26 am

Carina Giglio wrote:Thanks!

So that means I can after this time enter and leave the UK as I please?

Once I obtain the PR can I apply for citizenship either Italian/British?
Yes.

After another year on PR you can apply for UK citizenship - not sure about Italian usually you need to be resident in the country issuing the citizenship.

I think u will get PR five years after the date of issuance of you current Residence Card, citizenship one year after that, bear in mind the citizenship falls under UK immigration rules and so is not free, something like £720.

How is/was your husband exercising a treaty right in UK?
An chéad stad eile Stáisiún Uí Chonghaile....

Carina Giglio
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Joined: Sat Mar 20, 2010 6:46 am
Location: London

Post by Carina Giglio » Sat Mar 20, 2010 7:48 am

Thank you.

I don't mind paying the fee as long as I know that I can obtain citizenship at some point. I don't want to one day wake up and realise I have to leave the UK because I did not do my "homework" properly.

My husband worked for the Met Police for 4 years but last year joined a Private Defence Company in London. He obtained his British Citizenship in 2008.

Wanderer
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Ireland

Post by Wanderer » Sat Mar 20, 2010 8:01 am

Also bear in mind by 2013 citizenship rules will have changed to 'earned citizenship' - we have no details yet of what this entails in practice but it will undoubtedly be more expensive and difficult!
An chéad stad eile Stáisiún Uí Chonghaile....

Plum70
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Post by Plum70 » Sat Mar 20, 2010 12:11 pm

Wanderer wrote:I think u will get PR five years after the date of issuance of you current Residence Card
PR is automatically attained 5 years after the date of marriage in the UK or beginning of residence in the UK as a married couple. The date of issuance of the RC is irrelevant.

Plum70
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Post by Plum70 » Sat Mar 20, 2010 12:18 pm

Wanderer wrote:Also bear in mind by 2013 citizenship rules will have changed to 'earned citizenship' - we have no details yet of what this entails in practice but it will undoubtedly be more expensive and difficult!
I am currently quizzing Phil Woolas about the clear route to BC for EU & non-EEA family members who have PR. All i've gotten so far is a three-page rhetoric about how the govt's aim is to make it easier for people who have contributed and earned the right to stay in the UK to naturalise as BCs in the future... No mention of exact timelines for those on the EU route though.

Once I get a more definite response from Wooly i'll post.

vegeta_2009
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Post by vegeta_2009 » Sat Mar 20, 2010 12:21 pm

Wanderer wrote:Also bear in mind by 2013 citizenship rules will have changed to 'earned citizenship'
i thought this comming into effect from next year 2011?

Plum70
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Post by Plum70 » Sat Mar 20, 2010 12:29 pm

vegeta_2009 wrote:
Wanderer wrote:Also bear in mind by 2013 citizenship rules will have changed to 'earned citizenship'
i thought this comming into effect from next year 2011?
There is a 2 year grace period after July 2011:
From July 2011 ILR will seize to exist and all fresh UK settlement visa applications will be subject to the new earned citizenship law. However those who obtain ILR before July 2011 as well as any outstanding ILR applications made before/by July 2011 will not be subject to the new earned citizenship rules. This is on the proviso that such persons naturalise before/by July 2013 when earned citizenship comes into full force.

vegeta_2009
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Post by vegeta_2009 » Sat Mar 20, 2010 8:06 pm

Plum70, good luck with Phil Woolas, hopefully he'll give us some concrete ideas of whats gonna happen for those going through EEA route.

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