Help required

[Board.Enquiries]

Hello,

I am currently on ILR. My wife and I lived together for about 6 yrs after our marriage in 2006. She was on my dependent visa on Tier 2 General. However I got my ILR on 10yr long stay visa. She then applied as my dependent on ILR status and now she is on that 2 yr condition visa.

Unfortunately she broke up with me soon after she got her 2 yr probationary visa based on my ILR. Since April 2012 we have been separated and I do not know where she is living. All I know is her work place.

She has now instructed her solicitor to apply for Divorce and the process has now started. However I have never informed Home Office about our separation as I still have softcorner at her.

My dilemma:

a) Do I have to inform Home Office about my marriage breakdown?
b) Is it possible to re-marry and get her to UK?

I am in a big dillemma whether to apply for citizenship or not?

I have been granted ILR on 26th Jan 2012. However I applied for ILR based on 10yr long stay in November 2011. There are some blogs and also HO guidance that we can apply for Citizenship if we think there was some delay in application processing.

Based on this I am hoping to apply for Citizenship through NCS on 7th Jan 2013.

I am undergoing considerable stress due to all these issues. Hence I am approaching Immigration Boards for advice, information and support.

I have gone through your profile and I strongly believe that you will be able to support me in this difficult times.

Many thanks for your time and consideration.

Look forward to hearing from you.

[Damanisshallo]

First thing first, I feel sorry and my heart goes for both of you. May almighty GOD solve your problem ASAP.
You've said your wife has started the process of applying for divorce. Did her lawyer sent you any letter in this regards?
If yes then try to speak to your wife and tell her the consequences that could arise. (Not that you'd emotionally blackmail her) but ask her and see if she really want to get separated.

Coz some times people take quick decisions in the heat of a conflict and regret once the dust is settled. I am not saying this is End of the world but ask her to sit back and think, if this much of hassle is worth?

Coming to your query, I really don't wish to say this but if nothing works then, it is your responsibility to inform to Home Office about your change in circumstances.

Yes, for your second question.

You can always go ahead with your citizenship irrespective of your personal life.

Good luck

[CR001]

November 2011 to ILR being granted in January 2012 is not really a substantial delay I my opinion.

If your ILR was granted and is dated as 26th January 2012, you can apply for naturalisation exactly 12 months after this on 26 January 2013, there is no option of applying 'within 28 days' for naturalisation applications.

On your wife, you might want to let her know that if she proceeds with divorce, her visa will become invalid if she is on a spouse visa.

[Board.Enquiries]

Thank you for your support I will just follow your advice. Unfortunately I am left with no option other than divorce.

[Obie]

The thing is, she would not have qualified for ILR, as you are not in a subsisting relationship anyway, except if you told the HO you are.

I am sure she would be aware of the implication of divorce, in regards to her residency before she proceeded. She might want to go home.

Your situation is unfortunate, given your effort to ensure she does not loose her residency, but this things sometimes take cooperation from both parties.
If one is not prepared to give things a go, and forget about past mishaps, there is little you can do.

In any case, i wish you all the best for the future.

[CR001]

Yes, agree with Obie, it very sad that the OP is in this difficult situation.

Hope all goes well for you Board.Enquiries.

Thanks

Char

[Board.Enquiries]

Unfortunately I was informed about her decision after I supported her application for dependent visa on my ILR.

[John]

Based on this I am hoping to apply for Citizenship through NCS on 7th Jan 2013.

As already pointed out, you cannot apply on that date. It is essential that you cancel that appointment, unless you want to totally waste the Naturalisation application fee.

Why? Because you will not have held your ILR for one year.

I am in a big dilemma whether to apply for citizenship or not?

Why? As long as all the tests are passed, at the point in time when you apply, there is no reason for your application to fail.