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ILR and divorce

General UK immigration & work permits; don't post job search or family related topics!

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daddyc00l
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Joined: Tue Apr 26, 2011 12:02 am

ILR and divorce

Post by daddyc00l » Tue Apr 26, 2011 1:08 am

I have a difficult question to ask and am hoping to get some advice on it.

I immigrated to the UK on an ancestral visa. I met my wife and who came to the UK on a short stay holiday visa. Her and her daughter were detained on arrival and she was given permission to stay a few days with family and was to leave. She however stayed and claimed asylum. We meet after this and had a child together. All her asylum appeals failed and her and the 2 children were removed from the UK. I traveled to her country of origin and we got married. I applied for all 3 to be put on my visa, this was successful and after 6 months of having left they then returned to the UK. We have since applied for leave to remain on my visa and have also had a third child. She is now applying for divorce.

Now my question is what will happen to her immigration status given her history and that we are now getting a divorce? Also considering that she has not worked for more that 6 months in the 6 years since getting ILR and is currently living on income support as we are separated.

Thanks in advance.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Tue Apr 26, 2011 10:04 am

If your wife has ILR then she will retain her permanent residence even if you divorce. However once you are divorced she will only be able to apply for British Citizenship after 5 years of legal residence here, instead of 3 as a spouse. Although I see that you've mentioned a period of 6 years following ILR. Why hasn't she applied for BC?
Her work history is irrelevant to her legal status here.

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