ILR, Divorce info please

[nameless1]

Hi,

A very close friend of mine has been living in the UK for about 3 and a half years, she was married in Russia (to a British citizen) just before coming over here.
She was granted ILR last year and has residancy/settlement status which was aqcuired through spouse/visa.
Her marraige is currently breaking down after she admitted to her partner that she no longer loves him and hasnt done for a while, she also admitted having feelings for another man for a while but advised that nothing physical has happened between them.

Her husband now insists that they give things another go otherwise he will have her visa revoked and she will have to leave the country. He says he can suggest that she hasnt been truthful during her stay, altho she has told him of everything.
He also says that he will keep her son who is from a previous relationship years before they met.

I was just wondering what the situation is, can she be deported despite having ILR status? - Could he keep HER son?

Thanks

N1

[Wanderer]

Hi,

A very close friend of mine has been living in the UK for about 3 and a half years, she was married in Russia (to a British citizen) just before coming over here.
She was granted ILR last year and has residancy/settlement status which was aqcuired through spouse/visa.
Her marraige is currently breaking down after she admitted to her partner that she no longer loves him and hasnt done for a while, she also admitted having feelings for another man for a while but advised that nothing physical has happened between them.

Her husband now insists that they give things another go otherwise he will have her visa revoked and she will have to leave the country. He says he can suggest that she hasnt been truthful during her stay, altho she has told him of everything.
He also says that he will keep her son who is from a previous relationship years before they met.

I was just wondering what the situation is, can she be deported despite having ILR status? - Could he keep HER son?

Thanks

N1

Nope - if she ILR she's got permanent residency simple as that. Unless she commits some sort of act of moral turpitude of has committed fraud or lied about material facts to get ILR she's got it for good.

There's nowt the estranged hubby can do except get over it.

The custody of the child is another matter, I would imagine he'd have some parental rights even if he's not the natural father. Solictor jobby for that tho.

Sounds like another Anglo-Russian couple got married without really knowing each other, this game isn't for the short of cash or short of time. My gf is russian and we know a lot of similar couple ending up in divorce, sorry for the rant. This is at least a good reason for the higher FLR/ILR fees, might put some people off making rash decisions if it really hurts their pocket.

Sorry, rant really over!

[sakura]

Nope - if she ILR she's got permanent residency simple as that. Unless she commits some sort of act of moral turpitude of has committed fraud or lied about material facts to get ILR she's got it for good.

Is that right? I thought that if he can prove she only married him to come to the UK, then something can happen? I am just wondering. Maybe it is for marriages of convenience, rather than a marriage that breaks down and the partner is just telling porkies, that the HO takes action?

Nameless1, she is probably not going to be chucked out. However, she is likely not going to be able to apply for British Citizenship (if she wanted to) if she gets divorced (separated, etc etc). She might have to wait for 5 years' in the UK rather than 3.

As for her son, I do not know but she needs to go to CAB or a solicitor to sort it out.

[Wanderer]

Nope - if she ILR she's got permanent residency simple as that. Unless she commits some sort of act of moral turpitude of has committed fraud or lied about material facts to get ILR she's got it for good.

Is that right? I thought that if he can prove she only married him to come to the UK, then something can happen? I am just wondering. Maybe it is for marriages of convenience, rather than a marriage that breaks down and the partner is just telling porkies, that the HO takes action?

Yeah that's what I meant when I mentioned fraud or lying to get FLR/ILR.

[sakura]

Wanderer wrote:

Yeah that's what I meant when I mentioned fraud or lying to get FLR/ILR.

Ahh...yes I see that now.