Am I Eligible to apply for ILR if my relationship ends?

Hi all,

I want to get clarification on whether I would be able to apply for Indefinite Leave to Remain (ILR) under my current circumnstances.

I know I would be eligible to apply for ILR as partner of a British citizen from December/2019 once I completed 5 years of living in the UK under a spouse visa, however our relationship has ended but we are still legally married and have not yet started the divorce proceedings. We got married in September/2014 and I was granted entry clearance in December/2014. We were already living together for 3 years prior to getting married.

We are now in November/2019, so given the timeframes are very close, I wanted to know if there is a way for me to remain in the UK and continue work without having to apply for a Tier 2 or student visa. Ideally on ILR.

Also if a curtailment would affect anything. Many thanks.

You are required to provide evidence of subsisting relationship for the last two years and your partner has to support your application.

Simply still being married is not sufficient.

I'm a bit confused. Are you saying I can apply for ILR if I have been in a relationship for 2 years? We have been together for almost 8 years and 4.5 years of those married. Can you please clarify if there is a way for me to get permanent residency here? I couldn't find anything. Thanks

Section E-ILRP: Eligibility for indefinite leave to remain as a partner

(1A) In respect of an application falling within sub-paragraph (1)(a) above, the applicant must meet all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) delete the words “2.5 times”).

Where:

E-LTRP.1.7.

The relationship between the applicant and their partner must be genuine and subsisting.

E-LTRP.1.10.

The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.