Alternative to ILR?

[Colyn Alcock]

Hi,

My issue is a little unusual but keeping me awake at nights!

My wife has been here for 22 months of a 2 year settlement visa, and intends to apply for Indefinite Leave to Remain in January. We have an 18 month old child, born in the UK. I am in the process of divorcing her (long and very valid reasons).
I contacted the Home Office, withdrawing my sponsorship of her and they informed me she will not be eligible now to apply for ILR.

My concern is, using the child, she will seek to apply for another form of visa to enable her to stay here legally.
I have read section 248 of the HO immigration rules and it seems that, indeed, as she will not be my spouse, she cannot be considered for leave to remain for access to the child.

Does she have any other options? We are in court in a month’s time and I would like to draw the judge’s attention to her immigration situation.

Incidentally, she has “admitted“ in document submitted to court proceedings that she misrepresented her age in order to gain her settlement visa, so is in breach of immigration rules.

Many thanks for any advice

Colyn Alcock

[John]

My concern is, using the child, she will seek to apply for another form of visa to enable her to stay here legally.

Why is that a concern to you? You need to give up any thought that you have any sort of veto over whether she can stay in the UK. You don't and as you rightly state, she does have other options available to her.

Does she have any other options?

Quite possibly, but impossible to say what without knowing a lot more about her and her situation.

she has “admitted“ in document submitted to court proceedings that she misrepresented her age in order to gain her settlement visa, so is in breach of immigration rules.

How old was she when that visa was granted? Surely she needed to provide a passport and birth certificate in support of the visa application?