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Help with ILR in the case of impending divorce

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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caprice_truly
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Posts: 2
Joined: Tue Nov 10, 2009 11:23 am

Help with ILR in the case of impending divorce

Post by caprice_truly » Tue Nov 10, 2009 11:31 am

HI

I am an Indian citizen married to a british citizen since 2007 novemeber. I moved inyo London to live with my husband in feb 2008, In november 2008 my husband decided he did not love me anymore and he was not interested in marriage. Ever since then i have been under immense mental and emotional torture. He had made half hearted attemts to reconcile but was influenced by his family. He is an Indian born naturalised citizen and we had an arranged marriage. he stopped his duties towards me as a husband, since i could emotionally not live with him i moved out in April 2009. I have been employed ever since i moved here . He promosied that he would however make sure my career was not affected to give me an ILR. My dependent visa expires in dec and i have passed the life in the UK test. When its now time for me to apply for ILR he has served me with a divorce notice? I am stuck as to what rights i have to remain here after all the trauma i have been through and now with my career at stke. Please do advice. He has filed for divorce in th UK although the marriage is registered in India

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Nov 11, 2009 9:00 am

Unfortunately, your settlement application will fail because 287(a)(iii) fails, unless you are a victim of domestic violence (Section 4 - Victims of domestic violence, Annex AB - List of recognised domestic violence organisations).
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.

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