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dukeofdanville
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Joined: Tue Apr 10, 2012 11:35 am

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Post by dukeofdanville » Tue Apr 10, 2012 12:05 pm

Hi All

I would be grateful if anybody could give me any information regarding my situation.
I came to the UK in 2000 on a Working Holiday Visa from South Africa. I met my wife middle of 2001 and i stayed in the country till the end of my 2 year visa 2002 and returned to South Africa. I came back 3 months later, but i entered through Ireland and caught a ferry over to the UK because i got a really cheap flight there. Now this is where things took a bit of a turn.

I got married 4 months later and submitted a in country application to stay as
her spouse. Meanwhile time went on and 1 month turned into 5 years when i finally got a reply and was given discretionary leave in 2008 for 3 years. Because i came in through Ireland i only had 3 months visitor visa and not the 6 months like the UK. I was classed as a overstayer but in my favour was granted DL. It said that i could not apply for ILR through my marriage neither after 2 years.
I renewed my DL in July 2011 for another 3 years. Now what my problem is, that my wife and i have decided to take a break in the relationship and that it might be best if we seperated. She is older than me and has grown up children aswell. It is all amicable and we wish it to remain so for every bodies sake. I don't have children with her, but we brought up her grand daughter for 6 years and she has two 3year old grandchildren who i class as my grandchildren as well. We have almost daily contact with them and i play a big part in their lives.
How will this affect my DL. I mean i have been with her +/- 12 years and always been at the same adrress. I have made this my home now and wish to continue to do so. Where do I go from here.
Any help would be much appreciated

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Apr 10, 2012 12:09 pm

it won't effect your DL now as DL is granted outside the immigration rules and is not dependent on you remaining with your spouse. When you apply for ILR after completing 6 year's DL you will need to provide evidence of your continued family/private life in the UK

dukeofdanville
Newly Registered
Posts: 3
Joined: Tue Apr 10, 2012 11:35 am

Post by dukeofdanville » Tue Apr 10, 2012 12:14 pm

Thanks for the reply. Do i have to notify the HO of my change in circumstances aswell.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Apr 10, 2012 12:19 pm

dukeofdanville wrote:Thanks for the reply. Do i have to notify the HO of my change in circumstances aswell.
no

dukeofdanville
Newly Registered
Posts: 3
Joined: Tue Apr 10, 2012 11:35 am

Post by dukeofdanville » Tue Apr 10, 2012 12:37 pm

Thanks for the help I appreciate it.

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