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Seperating from spouse- how to get ilr?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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RAVC2020
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Seperating from spouse- how to get ilr?

Post by RAVC2020 » Sat Jul 11, 2020 9:44 am

Hi,

Please help me.
I have completed 5 years as tier1 dependent but i do have my visa left until dec 2021 so we plannned to apply for ilr next year.
I have a 2 years old son who has british passport.

Now unfortunately we have decide to get separated, i do not want to use his papers to get ilr and he alao wont give them to me.

Is there any way that i can apply for ilr on my son basis?
I dont want to file any case against him, i just wqnt to know if there is a way or ill have to rely on him?

Thanks

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seagul
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Re: Seperating from spouse- how to get ilr?

Post by seagul » Sat Jul 11, 2020 3:28 pm

Maybe flrfp visa -10 years route as ILR won't be straightaway granted.

https://www.gov.uk/government/publicati ... form-flrfp
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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CULLINAN
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Re: Seperating from spouse- how to get ilr?

Post by CULLINAN » Sat Jul 11, 2020 3:57 pm

RAVC2020 wrote:
Sat Jul 11, 2020 9:44 am
Hi,

Please help me.
I have completed 5 years as tier1 dependent but i do have my visa left until dec 2021 so we plannned to apply for ilr next year.
I have a 2 years old son who has british passport.

Now unfortunately we have decide to get separated, i do not want to use his papers to get ilr and he alao wont give them to me.

Is there any way that i can apply for ilr on my son basis?
I dont want to file any case against him, i just wqnt to know if there is a way or ill have to rely on him?

Thanks
Since you are a Tier 1 dependent, you must have a “subsisting” relationship with your spouse (main applicant) to get your ILR. You will need to provide documents to prove subsisting relationship for the last 2 years from the date of your ILR application. So if your relationship breaks down and he is not willing to support your case, then I am afraid you will have to test your luck via FLR(FP) as advised by the other user above.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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zimba
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Re: Seperating from spouse- how to get ilr?

Post by zimba » Sat Jul 11, 2020 11:13 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

RAVC2020
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India

Re: Seperating from spouse- how to get ilr?

Post by RAVC2020 » Sun Jul 12, 2020 9:45 am

Thank you very much for replying.
Looks like the child has be 7 years old to apply on family basis?
I will run out of visa next year, i cant think of a way to get it extended, unless i ask my employer to sponser me and get mives to tier2?
It’s strange how life changes!

Can you please provide a list of main documents i need for applying via my spouse?

RAVC2020
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Re: Seperating from spouse- how to get ilr?

Post by RAVC2020 » Mon Jul 13, 2020 1:34 pm

Anyone please??

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CR001
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Re: Seperating from spouse- how to get ilr?

Post by CR001 » Mon Jul 13, 2020 1:45 pm

Looks like the child has be 7 years old to apply on family basis?
This applies to NON British children. You have stated your child is British so this is irrelevant to you.
I will run out of visa next year, i cant think of a way to get it extended, unless i ask my employer to sponser me and get mives to tier2?
It’s strange how life changes!
You can apply for FLR(FP) Parent route based on your British child.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

RAVC2020
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Joined: Sat Jul 11, 2020 6:40 am
India

Re: Seperating from spouse- how to get ilr?

Post by RAVC2020 » Tue Jul 14, 2020 12:48 pm

Thanks alot, atleast these is a way.
I will search more on this route.

Many thanks everyone.

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