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ILR- Divorce
Posted: Sun Nov 22, 2009 11:59 pm
by Living_Hell
I'm a Foreign national in the UK with a Indefinite Leave to Remain that I got few months ago. We're now separated & I'm worried that if we divorce I'll lose my entitlement to Leave in the UK or in future for British Citizenship. Does anyone know what will happen to my ILR status once divorced?
Posted: Sun Nov 29, 2009 7:23 am
by mrlookforward
If you obtained your ILR in the correct manner and did not use any deception, then nothing would happen to your ILR if you divorce.
Posted: Sun Nov 29, 2009 8:40 am
by John
Further to the comment of mrlookforward, which I agree with, as regards Naturalisation as British, if your spouse if British you remain married to them up to the moment of any Decree Absolute of Divorce.
How long have you been in the UK now? Your spouse is British? When do you get to the 3-year mark?
Posted: Mon Nov 30, 2009 3:59 am
by mrlookforward
Does it mean that op would be granted naturalisation after 3 yrs qualifying period, even when she is not living with her British husband? I think home office asks to provide British spouses passport.
Posted: Mon Nov 30, 2009 8:55 am
by John
Does it mean that op would be granted naturalisation after 3 yrs qualifying period, even when she is not living with her British husband?
Yes, however :-
I think home office asks to provide British spouses passport.
-: you are right to think that they need evidence about the British spouse, but that can either be their British passport, or it can be a full birth certificate, as long as the spouse was born in the UK.
That is :-
- if the spouse is co-operative, borrow their British passport for a day or two, and go to an NCS office for the Naturalisation application, then hand passport back, or
- if spouse non-co-operative, if they were born in the UK and it is known where and when they were born, get a copy of their birth certificate from the Register Office, and use that
I reiterate, the person is a spouse of a British Citizen until the Decree Absolute is granted.
Posted: Mon Nov 30, 2009 9:11 am
by mrlookforward
Thanks for that John, I think will clarify in advance any concerns op might have regarding naturalisation, if she is nearing the period of eligibility of BC.
Hi
Posted: Tue Dec 01, 2009 6:58 pm
by Living_Hell
mrlookforward wrote:Thanks for that John, I think will clarify in advance any concerns op might have regarding naturalisation, if she is nearing the period of eligibility of BC.
Guys appriciate your help. My Partner wasn't born in the UK was born in India. My partner wont give me the Passport either and I still have atleast 10 month for my 3years. Im not sure is this 3 year to marriage or 3 year to ILR?
so you saying If I get my partner's passport I wouldn't need the signature or anything? can i do this without letting my partner know.
The reason I am asking because as I mentioned my partner is already threatening me to report to HomeOffice to cancel my ILR.
Posted: Tue Dec 01, 2009 10:23 pm
by John
Living_Hell, when you say partner, do you actually mean Civil Partner?
That is, are you in Civil Partnership with a British Citizen?
Posted: Wed Dec 02, 2009 7:04 pm
by Living_Hell
John wrote:Living_Hell, when you say partner, do you actually mean Civil Partner?
That is, are you in Civil Partnership with a British Citizen?
hi, I am married to a British National. I got married in the UK with my partner.