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ILR issue

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ramzy
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ILR issue

Post by ramzy » Wed Jan 23, 2013 4:03 pm

Hello Guys,

I wonder if someone could help me out with the issue that I currently have as it's proving to be quite complicated for me.

Basically, I got married to a UK citizen 2 years ago and completed my requirement of spending the 2 years in the UK in order to apply for an ILR. But tragically my marriage didn't work out due to family issues and so wasn't able to apply for the ILR. Before the expiry of my spouse visa, I left the UK as I didn't want to be associated with bad immigration history. Now, I was working in the UK earning about 35K a year, paying my taxes etc. and my employer tried to sponsor me but unfortunately couldn't. I have done my undergraduate studies from the UK as well prior to marriage on a student visa.

Now the problem starts here - my wife doesn't want to support my application for an ILR (understandably so) but at the same time doesn't want to divorce me either which I totally don't understand. I wanted to stay in the marriage but she had issues and didn't want to continue. This has left me hanging in the middle, as I had to quit my job and leave the UK. I feel that it's unfair as I have been in the UK since 2005 and having spent a lot of my life there, I don't even have the right to stay there any more due to marriage issues.

Any kind of help would be highly appreciated, as I am totally confused and would like to know what my options could be?

Thank you
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Lucapooka
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Post by Lucapooka » Wed Jan 23, 2013 4:13 pm

You can, if you choose, apply for a divorce without her consent. Just takes a bit longer. With regard to your return to the UK, you will have look at the points-based system and see if there is anything that suits your circumstances.
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ramzy
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Post by ramzy » Wed Jan 23, 2013 4:19 pm

Lucapooka wrote:You can, if you choose, apply for a divorce without her consent. Just takes a bit longer. With regard to your return to the UK, you will have look at the points-based system and see if there is anything that suits your circumstances.
I can't divorce her, as her family made me put money security, if a divorce ever occurred legally, a sum of 30,000 pounds. Firstly, I don't want to give that, as I don't think it's fair because I am not the one who wanted a divorce, and secondly that's probably the reason why she wouldn't file for it either, because if she does, she loses the right to have that settlement.

Also, I just left the UK before my Spouse visa expired - didn't inform the Home office by calling them or telling them my marriage broke down etc. Does that go against me now if I do apply for a new visa in a different category or am I ok?
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Lucapooka
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Post by Lucapooka » Wed Jan 23, 2013 4:22 pm

Your marriage contract sounds like something out of the middle-ages! It's fine that you did not inform the UKBA when you left.
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ramzy
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Post by ramzy » Wed Jan 23, 2013 4:30 pm

Lucapooka wrote:Your marriage contract sounds like something out of the middle-ages! It's fine that you did not inform the UKBA when you left.
Lol, I got married the Muslim way in Pakistan and we have a section in there where you can dictate a security sum etc. It's called Haq-Meher basically and I was a fool to put that amount down as I thought we'll never have such a problem in our marriage considering the fact that I was with the person for 6 years prior to getting married.

Under what points based system can I apply as I only had a sales job in a marketing firm? and is there no way I can ask the UKBA to look into this and see if I could get a stay under merits.
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Lucapooka
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Post by Lucapooka » Wed Jan 23, 2013 4:37 pm

On the bright side, it's more lenient than standard divorce with no pre-nup.

I think if you can't find a sponsor under Tier 2, you'll have to go down the Tier 1 (Ent) route, but that requires capital (200K).
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ramzy
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Post by ramzy » Wed Jan 23, 2013 4:59 pm

Lucapooka wrote:On the bright side, it's more lenient than standard divorce with no pre-nup.

I think if you can't find a sponsor under Tier 2, you'll have to go down the Tier 1 (Ent) route, but that requires capital (200K).
True say!

(Ent) requires just 200K capital as in to show in my account or do I need to invest that as well?
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Lucapooka
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Post by Lucapooka » Wed Jan 23, 2013 5:05 pm

Well, the actual investment is only necessary if you wish to extend after 3 years.
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ramzy
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Post by ramzy » Wed Jan 23, 2013 5:09 pm

Lucapooka wrote:Well, the actual investment is only necessary if you wish to extend after 3 years.
Uh ok - don't think that'll be a viable solution to my problem then as I am not looking to invest money into anything for at least the next few years.

Thanks for all the info though, much appreciated.
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