Post
by John » Sat Jul 16, 2005 7:59 am
Hi, there are a number of issues here. Firstly, should you still be in the UK at all given your ex-boyfriend is no longer in the country? I am not at all sure you should still be here but shall let others comment upon that.
As regards the ILR, I fear it would be totally impossible to go down that route. You are a "mere" dependent and an application for ILR would be made by your ex-boyfriend, and your details also entered upon the application form SET(M). Clearly your boyfriend is not going to make that application, so a knock-on effect of that is that you cannot get your ILR.
What might you do? You have not ruled out marriage to your current boyfriend so let's explore that route. Given the current type of visa that you have you cannot just go along to a Register Office and give Notice of Intention to Marry and then later marry in the UK. You would either need to marry outside the UK, or for marriage in the UK you would need to apply for and obtain a Certificate of Approval for Marriage. And do note that once less than three months are left on your current visa it would be impossible to be successful with such an application. But you have six months left on your current visa. But would an application be refused anyway if made in the very near future? I am not sure but I think that even making the application might be a danger. Why? Because you would be applying to marry someone other than the person whose dependent you are. It would instantly be obvious to the Home Office that your current status is questionable. Hopefully they would just grant the application and issue to Certificate of Approval. An alternative could be that they would deport you!
If you should get the Certificate of Approval and then proceed to marry in the UK, assuming your (then) husband is British or otherwise settled in the UK you could then apply for a spouse visa in the UK. That would be of two year's duration at the end of which you could apply for ILR.
Adjust your status without marrying? What sort of category did you have in mind?
By the way, you are Australian?
John