Immigrationboards.com

Objective: I don’t want my wife to claim my money/assets in UK/create trouble through social care.

Marital Status: Separated
Children :My daughter is born in UK.
Spouse/Child: Currently living out of UK (in Brazil) and not having valid UK visa.

Questions
I am eligible for ILR and yet to apply. What if I declare my marital status in ILR application as Separated

1) Can my wife still claim dependent visa once I get my ILR/citizenship...few years before when she was here in UK ,she filed false domestic violence and had non molestation order for 6 months.

2) After i get my ILR/Citizenship can my wife still come to UK (with new Visa of her own - either with Tier 2 General or PBS ) and claim my assets/apply divorce here in UK. What would be the relevance of me declaring marital status as Separated in this case.

Hi

Based on the above subject have got below questions.

Questions

1) Once obtained ,is there a process to keep my ILR or British Citizenship on hold

2) Is there a process to surrender ILR/British Citizenship ? if so is there a gov.uk link to understand the details.

3) If my spouse /child obtains ILR/Citizenship based on my ILR/Citizenship status, What happens to their status, if I surrender my ILR/Citizenship


Thanks in advance for all your suggestions.


Cheers, Tony

tonybaker wrote: ↑

Sun Aug 29, 2021 2:11 pm

2) After i get my ILR/Citizenship can my wife still come to UK (with new Visa of her own - either with Tier 2 General or PBS ) and claim my assets/apply divorce here in UK.

If either party is domiciled in the UK (and in this case, you will be and she would likely be as well), she would likely be able to apply for divorce in the UK, under the relevant English, Scottish or Northern Irish legal system. As for money and property, see this page on the Gov.UK site.

tonybaker wrote: ↑

Sun Aug 29, 2021 2:11 pm

1) Can my wife still claim dependent visa once I get my ILR/citizenship.

She'll need your support. She will need to demonstrate not only marriage, but also that she and you have a subsisting relationship. So, if you are disinclined to assist her, she will not get a visa.

tonybaker wrote: ↑

Sun Aug 29, 2021 2:30 pm

1) Once obtained ,is there a process to keep my ILR or British Citizenship on hold

Not sure about what you mean by "on hold". You either have ILR or British citizenship or you don't.

tonybaker wrote: ↑

Sun Aug 29, 2021 2:30 pm

2) Is there a process to surrender ILR/British Citizenship ? if so is there a gov.uk link to understand the details.

Not sure about ILR, but you can renounce your British citizenship.

Keep in mind that
(a) you can only do so if you have another citizenship (i.e. you can't surrender your British citizenship to make yourself stateless), and
(b) you immediately lose the right to reside in the UK (i.e. you don't fall back to ILR status, but go back to being a complete foreigner with no right to reside in the UK).

tonybaker wrote: ↑

Sun Aug 29, 2021 2:30 pm

3) If my spouse /child obtains ILR/Citizenship based on my ILR/Citizenship status, What happens to their status, if I surrender my ILR/Citizenship

Provided they have already achieved ILR or British citizenship, they will likely not be impacted by your renunciation of British citizenship. After acquiring ILR, their immigration status is independent of you.

Thanks Simon ,I have few further question

1) Can my wife still claim dependent visa once I get my ILR/citizenship...few years before when she was here in UK ,she filed false domestic violence and had non molestation order for 6 months.


<< secret.simon>> She'll need your support. She will need to demonstrate not only marriage, but also that she and you have a subsisting relationship. So, if you are disinclined to assist her, she will not get a visa.m

<Tony> - Can she use this route to get an entry ..

1) Can my wife apply for petition to know my visa status? as my daughter is born in UK
2) if she applies then will this be notified to me
3) Post my British citizenship >> My wife can apply for my daughters citizenship >> based on this can she calim to come to UK as Childs caretaker/mother

tonybaker wrote: ↑

Sun Aug 29, 2021 3:55 pm

1) Can my wife apply for petition to know my visa status? as my daughter is born in UK

Not sure whether she can or not, and I will leave it for others to advise you on that point.

But be aware that as your daughter is born in the UK, regardless of your marital status, she (your daughter) is entitled to be registered as a British citizen after you acquire ILR (i.e. no need to wait for your British citizenship). And she does not need to be resident in the UK (i.e. your spouse can make the application for registration of your daughter from abroad).

tonybaker wrote: ↑

Sun Aug 29, 2021 3:55 pm

based on this can she calim to come to UK as Childs caretaker/mother

And yes, once your daughter is registered as a British citizen, your spouse can apply to move to the UK along with the British citizen child as their parent.

secret.simon wrote: ↑

Sun Aug 29, 2021 4:07 pm

your spouse can make the application for registration of your daughter from abroad).

@secret.simon
Even if the father doesn't have parental responsibility and therefore his consent to the application may not be needed, as the basis of the application is the father's settled status wouldn't his passport (to prove identity) and ILR BRP need to be produced with the application? This may not be possible if the relationship between father and mother has broken down and it is the mother who submits the application on behalf of the child.

manci wrote: ↑

Sun Aug 29, 2021 7:21 pm

wouldn't his passport (to prove identity) and ILR BRP need to be produced with the application?

I am making an educated guess here (and remember that I am not a lawyer), but I think it depends on how determined the mother is to be in the UK.

While the Home Office will not process the application without proof of the father's settled status/ILR, the legislation does not state anything about the proof that needs to be attached to the form.

If the mother becomes aware that the father has ILR/settled status (and it would help if she know his last known address, passport no, etc, essentially something to identify him), she could (if she is determined/desperate enough) apply to the Court/Tribunal to instruct the Home Office to report to it (the Court/Tribunal) as to what status the father has. It can then make a finding establishing the status and direct the Home Office to register the child in accordance with Section 1(3).

It will be costly and time-consuming, but if she is so minded, the mother will likely be able to do it.

I may very well be wrong, but I am sure others more learned in the law than me would advise further.

Currently i am eligible for ILR however due to family circumstances i might not apply for it now and would like to live outside UK for couple of years.

Questions

1. Do you need to have valid UK Visa status whilst applying for ILR?

2(a) Is it possible to apply for ILR after 2 years me being outside UK but applying through UK solicitor,
2(b). In this case can i come via business visa/PBS based visa to appear for Biometrics?

3. Can biometrics for ILR can be done in any VFS office globally provided application is submitted via UK solicitor ?

Thanks in advance for your responses.

Best Regards
Tony Baker

tonybaker wrote: ↑

Mon Aug 30, 2021 10:57 pm

Currently i am eligible for ILR however due to family circumstances i might not apply for it now and would like to live outside UK for couple of years.

Questions

1. Do you need to have valid UK Visa status whilst applying for ILR?

2(a) Is it possible to apply for ILR after 2 years me being outside UK but applying through UK solicitor,
2(b). In this case can i come via business visa/PBS based visa to appear for Biometrics?

3. Can biometrics for ILR can be done in any VFS office globally provided application is submitted via UK solicitor ?

Thanks in advance for your responses.

Best Regards
Tony Baker

A valid leave is required to apply for ILR, you can not build something on nothing.
You can not be outside the UK to apply for ILR,
VFS is our of it.

Under which category are you eligible for ILR? If eligible under Long residence, then it may be possible.

vinny wrote: ↑

Tue Aug 31, 2021 12:46 am

Under which category are you eligible for ILR? If eligible under Long residence, then it may be possible.

Thanks Vinny ,yes it is Long residence ILR

Hi

Criteria: Lived in UK lawfully for 10 yrs ,paid all taxes and profile is clean

Question :Post obtaining ILR for 2 yrs ...if you cannot renew the ILR by end of 2 yrs ...will you still be eligible to re-apply for ILR on the basis of 10 yrs lawful residence


Thanks for your replies, Cheers

Hi

Can i request ILR application link from gov.uk for applying Long term residence .

Many thanks and best regards,

Google not working for you??

https://www.gov.uk/long-residence

https://visas-immigration.service.gov.u ... 1630947497

CR001 wrote: ↑

Sat Sep 11, 2021 2:40 pm

Google not working for you??

https://www.gov.uk/long-residence

https://visas-immigration.service.gov.u ... 1630947497

Thanks a ton CR001 ,Wish you good weekend

Hi

I am completed 10 yrs lawful residence in UK in August ,2021 without any Job breaks, have paid tax all the 10 yrs and not been outside uk 180 days at a time /540 days in total during my 10 yrs tenure

I moved out of UK on 1st December,2021 and kind of stuck here due to family circumstances. Its nearly 60 days outside the country in a row.

Question

1)If i apply ILR after 3 months now will the rule of staying away from UK for 180 days at a time/540 days in total during my 10 yrs tenure will be applied .please note i have already completed 10yrs in Aug,2021 did not apply for ILR

2) is this rule applies only until you attain 10yrs of stay in UK or applicable at the time of your application .

Thanks for your replies. Best Regards,

Possible to rely on

vinny wrote: ↑

Fri Jul 09, 2010 2:38 am

Has had

.