ILR after Divorce

Hi Everyone and hope you can be of assistance to me

I have read through several posts already but cant seem to mimic my circumstances so herewith a new post...

My wife and I were married in 2002 outside of the UK. She has ancestory rights through her parents and I was given right to accompany her and work etc with 5 year ancestry visas. We immigrated to the UK in sept 2003 and everything was fine. We renewed the visas we had (why renewed and not applied for ILR im not sure). We were both issued with residence permits, both stating limited leave to remain and expiring in 2012.

We have a 5 year old daughter born in the UK but does not have citizenship only IDL. She has instead a South African passport through me.

Our marriage has since broken down and we are in the process of getting a divorce unfortunately. She has gone and applied for her ILR along with my daughter.Her reasoning behind leaving me off the applications were honest in that we arent living together and are thus shown in our accounts and her council tax bills etc. She says she has since had all her items back and has received her indefinite leave.

So my questions are as follows...

Im presuming that since we are no longer in an active marriage that my residence is to be revoked, though the visa makes no statement of any conditions of marriage just limited leave to remain residence permit. So with me no longer being married to her which was the reason behind the original issuance of the visa, what options are open to me having been resident in the UK for 7 years legally and having another 2 years left as well as a daughter with ILR. Someone has said I could apply as a person excercising the right of access to a child resident in the United Kingdom and then apply a year after that for ILR. Is there no law that I can apply for ILR direct without the whole additional step ?

See also Can I enter U.K. as my daughter is British Citizen?

You would need to apply for entry clearance as a person exercising rights of access to a child resident in the United Kingdom because 248A(vii) is not satisfied.

voodoogsx wrote:Is there no law that I can apply for ILR direct without the whole additional step ?

Not when your stay in UK is / has been that of a dependent (of the main migrant, your spouse). As a dependent, your settlement is subject to your (subsisting) relationship with the main migrant and the main migrant's eligibility for settlement.



regards