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ILR under T2 PBS Dep

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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UKRio
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Joined: Thu Oct 22, 2020 1:23 pm
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ILR under T2 PBS Dep

Post by UKRio » Sun Mar 14, 2021 12:14 am

Hi Gurus,

On behalf of a friend:

I'm on T2 PBS Dep Visa, lived in the UK for just over 6yrs now. Married but recently we are not on good terms it's been now a year and a half. My partner has settled 2 yrs ago and is now a British citizen since last year.

We both still live together with our child 3yrs old British citizen (after my partner settled) but everyone to his own life...

I'm planning on applying for the ILR without informing him (as we don't speak with each other, and I have a feeling the relationship may end with a divorce soon..).

There was a small case a year or so with the police, as I reported him for domestic violence, but was released the next day with no evidence, and I retracted the claim...

1- Do I still need him for my application as T2 PBS for ILR?
2- What route is best for me to get ILR?
3- I don't pay bills, council tax, or rent, although I'm a joint tenant and I'm working full time, with a decent salary. Will this be a problem for evidence.
4- Is there a chance my visa can be curtailed if my partner informs the HO? and how long it can take to become so.
5- I only have 6mths to sort out my situation, is there enough time?

Awaiting your replies...

Thank you all in advance.

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Casa
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United Kingdom

Re: ILR under T2 PBS Dep

Post by Casa » Sun Mar 14, 2021 12:44 am

The information in the link below may help to clarify your position.

https://www.gov.uk/visas-when-you-separ ... ly-stay-uk
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR under T2 PBS Dep

Post by vinny » Sun Mar 14, 2021 1:08 am

UKRio wrote:
Sun Mar 14, 2021 12:14 am
1- Do I still need him for my application as T2 PBS for ILR?
Yes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UKRio
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Posts: 14
Joined: Thu Oct 22, 2020 1:23 pm
United Kingdom

Re: ILR under T2 PBS Dep

Post by UKRio » Sun Mar 14, 2021 5:41 pm

Thank you guys for getting back to me.

@Casa I had a look at the link, and I believe this is for when the situation of someone is clear (Separation/Divorce finalized)... but in my situation, the relationship is definitely broken-down but no paper to prove it, that's I'm still confused...

Could you or someone else help answer my questions numbered?

@vinny thanks for the important link. But I'm still a bit confused about what will I need from him: do I need his consent, his passport...etc? can you or someone else please clarify this point fro me.

Many thanks

UKRio
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Posts: 14
Joined: Thu Oct 22, 2020 1:23 pm
United Kingdom

Re: ILR under T2 PBS Dep

Post by UKRio » Mon Mar 15, 2021 9:47 pm

Can anyone get back to me regarding my questions, please!!!

vinny
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Re: ILR under T2 PBS Dep

Post by vinny » Wed Mar 17, 2021 2:23 am

UKRio wrote:
Sun Mar 14, 2021 5:41 pm
@vinny thanks for the important link. But I'm still a bit confused about what will I need from him: do I need his consent, his passport...etc? can you or someone else please clarify this point fro me.
Yes. Probably all of the above.

Also:
vinny wrote:
Sat Mar 06, 2021 2:21 pm
SW 39.3.
If applying as a partner, the applicant and the person (P) in SW 39.1. must meet

APP SW23.
the relationship requirement in SW 29.2 to SW 29.4.
and must have met them throughout the 5 years ending on the date of application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UKRio
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Posts: 14
Joined: Thu Oct 22, 2020 1:23 pm
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Re: ILR under T2 PBS Dep

Post by UKRio » Tue Mar 23, 2021 1:17 pm

Thanks Vinny

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