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Spouse Visa Validity

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Bongi
Newly Registered
Posts: 4
Joined: Mon Jan 25, 2010 2:01 am
Location: uk

Spouse Visa Validity

Post by Bongi » Mon Jan 25, 2010 2:17 am

I have live in the UK for well over 3 years as a spouse of a WP holder . However since we are now going through a divorce (it's still not complete), my wife and our 2 kids applied for ILR and left me out of the application. My Spouse Visa is Valid until 2013. I understand she is obliged by law to report the fact that we no longer together to Home office and I am sure she did. I have however not received any communication from Home office.

My questions are :

1) Did I automatically became illegally domiciled the moment she got her ILR even though Home office never contacted me?
2) If I still have legal abode can I continue to stay on the Visa till I eventually apply for my own ILR?
3) Is there any legal requirement on my part to report myself to Home office?

Thank you.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Mon Jan 25, 2010 2:27 am

1. No

2. You don't and cannot now apply for ILR on the basis of your partners WP/ILR

3. No.
An chéad stad eile Stáisiún Uí Chonghaile....

Bongi
Newly Registered
Posts: 4
Joined: Mon Jan 25, 2010 2:01 am
Location: uk

Post by Bongi » Mon Jan 25, 2010 2:52 am

Wanderer wrote:1. No

2. You don't and cannot now apply for ILR on the basis of your partners WP/ILR

3. No.
Thank you. I take it then from one that I have not automatically been rendered illegal. However on 2 U say 'you don't' as answer for my asking weather I have legal abode. Would you be able to clarify for me please. If I am not illegal then would it not follow that I actually do have legal abode? Otherwise thank you very much

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Mon Jan 25, 2010 4:11 am

Bongi wrote:
Wanderer wrote:1. No

2. You don't and cannot now apply for ILR on the basis of your partners WP/ILR

3. No.
Thank you. I take it then from one that I have not automatically been rendered illegal. However on 2 U say 'you don't' as answer for my asking weather I have legal abode. Would you be able to clarify for me please. If I am not illegal then would it not follow that I actually do have legal abode? Otherwise thank you very much
It's not clear in my opinion, as you are a WP dependant I think u might still be considered dependent even if not 'together' it's a grey area and usually the HO will do nothing in the case of spouses, not sure in the case of deppendents.

In any case on when ur spouse gets ILR you are in limbo and certainly not legal.
An chéad stad eile Stáisiún Uí Chonghaile....

Bongi
Newly Registered
Posts: 4
Joined: Mon Jan 25, 2010 2:01 am
Location: uk

Post by Bongi » Mon Jan 25, 2010 10:18 am

Wanderer wrote:
Bongi wrote:
Wanderer wrote:1. No

2. You don't and cannot now apply for ILR on the basis of your partners WP/ILR

3. No.
Thank you. I take it then from one that I have not automatically been rendered illegal. However on 2 U say 'you don't' as answer for my asking weather I have legal abode. Would you be able to clarify for me please. If I am not illegal then would it not follow that I actually do have legal abode? Otherwise thank you very much
It's not clear in my opinion, as you are a WP dependant I think u might still be considered dependent even if not 'together' it's a grey area and usually the HO will do nothing in the case of spouses, not sure in the case of deppendents.

In any case on when ur spouse gets ILR you are in limbo and certainly not legal.
Thank you for that one.

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