ILR APPEAL

[vir624]

I was in a relationship a relationship for neraly 8 years and we have been married 5 years with 1 child aged 8, after endless amounts of applications he was finally granted a 2 year temp spouse visa and then in jan 2010 submitted for ilr but while waiting the decsion we I ended the relationship in april 2010 because he said all he wanted was his ilr from me. He had been voilent in the past which was reported but not enough evidence to charge him, he is also a suspected drug dealer to the police but it has never been proved. He was not willing to inform immigration that he had moved out and we were no longer together so it was me that contacted them to make them aware I was not happy to support him or any application, I have since started divorce procedings and he is trying is get access to our child which I am not allowing because I do not feel our child would be safe due to his history and because he never wanted any contact until he realised it would look better for him with immigration. In aug 2010 his ilr applcation was refused I dont no the grounds but guessing his criminal record and our seperation. He has appealed the decsion and now I have just found out he entered a new relationship in may 2010 a few weeks after we split up and he is now expecting another child soon and we have only been seperated just under 6 months. Does this now give him the right to stay here because of his new relationship and child on the way

[carol123]

wow what a horrible man !! I hope the home office see through him and realise he is bad news. I dont know if he would be allowed ILR with his new partner but somehow i dont think so as the ILR would be based on his relationship with you.... how long has he been here? Because u can apply for ILR when ur married to a UK citizen after 3yrs but for everyone else its 5yrs. So i dont know if maybe after 5yrs he could do it on his own accord ie not needing to be married but under 5yrs id imagine he would still need to be in the relationshipo with u as this was the reason he was given the settlement in the first place...to be here with you as your spouse.

[mteja]

@Carol i think you have got your facts wrong here, its 2years you get ILR and aftr 3 years you get british citizenship.

@vir64 if he marries this woman i guess he will have his status sorted. But i guess you will have to divorce first. And if in the two years you were married the yes he should get his ILR. If you are a british that is..

I would suggest you search for posts here am sure you will get relevant information towards that.

Good luck

[batleykhan]

Its very unlikely he will get ILR just because he has shacked up with another woman. His ILR will be dependant on you as he is still married to you, but if you have started divorce proceeding , then its unlikely he will be granted ILR as he will not be married to you for long.

If he has got his ILR and then there is not a lot you can do. Its up to the UKBA to decide what to do with him