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SPouse and ILR

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Monasa
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SPouse and ILR

Post by Monasa » Tue Sep 19, 2006 2:40 pm

Hi There,

I have applied for Marriage visa and got two years visa, then applied and got ILR as spouse.

My question is, If my british husband wants to end the marriage, does that mean that my ILR is no longer valid?

ppron747
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Joined: Wed Oct 19, 2005 6:10 pm
Location: used to be London

Post by ppron747 » Tue Sep 19, 2006 2:58 pm

No it doesn't. Monasa - unless there was some deception in obtaining ILR. you've got it for life - or at least until you leave the UK for more than two years.

Have you thought of naturalisation? If you are still legally married at the end of your third year here, you should be eligible for it - the law only requires that the marriage should still be continuing, not that you are still living together...
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Monasa
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Joined: Tue Sep 19, 2006 1:56 pm

Post by Monasa » Tue Sep 26, 2006 5:00 pm

ppron747 wrote:No it doesn't. Monasa - unless there was some deception in obtaining ILR. you've got it for life - or at least until you leave the UK for more than two years.

Have you thought of naturalisation? If you are still legally married at the end of your third year here, you should be eligible for it - the law only requires that the marriage should still be continuing, not that you are still living together...
What do you mean by deception?

I have had the ILR a month ago, but problems started and things have changed after I got the ILR (Pregnancy Issues)
Does speration after a month affects my ILR ?
and do I have to contact the IND to inform that we don't live together?

Also, if we are seperated, can I still apply for naturalisation?

Thanks for your help.

ppron747
inactive
Posts: 950
Joined: Wed Oct 19, 2005 6:10 pm
Location: used to be London

Post by ppron747 » Tue Sep 26, 2006 5:43 pm

Deception means telling lies. If what you say is true, and you were still living together as husband and wife when you made the ILR application, you have nothing to fear.

When it comes to naturalisation, the law required that you still be validly married to a British citizen; it doesn't require that you be living together.

On the question of whether to inform IND that you are no longer living together, I don't know. I don't think so, but perhaps someone else will advise on this point.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Monasa
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Joined: Tue Sep 19, 2006 1:56 pm

Post by Monasa » Fri Sep 29, 2006 3:51 pm

Thanks a lot for your advice.

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Fri Sep 29, 2006 8:19 pm

Monasa wrote: I have had the ILR a month ago, but problems started and things have changed after I got the ILR (Pregnancy Issues)
Does speration after a month affects my ILR ?
and do I have to contact the IND to inform that we don't live together?
As long as your relationship was valid when you got ILR, the answer is that your ILR is not affected.

Also bear in mind that your child will be a British citizen at birth.

I doubt you have to contact IND if you already have ILR but maybe someone else knows more on this.
Also, if we are seperated, can I still apply for naturalisation?
Yes. If still legally married you can apply under the 3 year rule. If you get divorced before application then it would be the 5 year rule.

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