Remain in UK after divorce with ILR

[ibetthisistaken]

Hello,

Not sure whether this should be posted in the ILR or citizenship forum, as it covers both, sorry!

I am a British man in the UK, earning well above average salary, no children and have my own house (mortgaged). Aside from the mortgage, I have no debts, some savings (not a lot but in the £1,000's) and no criminal record. My girlfriend is Thai and has lived with me for about 18 months. I met her roughly 5 years ago while she was job-hunting in the UK (having worked in the UK on a previously expired visa).

She is currently married to another British man. Their marriage has been unsteady for a while (he was frequently away with the armed forces, then away with university) and eventually it just fizzled out and now they're just friends. He knows about me, and has always told her that he'd do whatever he can to help her remain in the UK if that's what she wanted and was in his power to do so. The husband's parents are still very close to her and still love seeing her.

She's a few years into her 10 year ILR visa. The marriage started fizzling about a year after the visa was issued.

So, ideally now, we (the husband included) would prefer if they got divorced so he could get on with his life - he's about 10 years younger than the two of us and is expecting to move to another country with work very soon. Then, I can assist her with applying for British citizenship. Right now I have every genuine intention of staying with this girl and, if finances allow and we were both ready, I would marry her.

My query and concern is how we can go about this without the Home Office dissolving her visa based on the failure of her marriage. Would this even happen, or would they just honour the visa until it naturally expired, providing she didn't break any laws etc?

I am so confused as to what to do for the best. I want to be straight with the Home Office, but I don't want to risk losing her. I believe I have the financial stability to support her (as I have been for a while now), so I'm sure that 'technically' there's no issue with her remaining in the UK and working towards her citizenship - but would the Home Office give me a chance to prove the situation?

I would be very grateful for some advice on the best course of action.

Best Regards,

B

[CR001]

She's a few years into her 10 year ILR visa

What do you mean by this? There is no such 'visa'. What exactly does her 'visa' say?

[noajthan]

Puzzling.

You cannot expect to transfer the lady in question's spouse visa(? - if that's what it is) over to somebody else as their new sponsor.
The Home Office simply don't work this way. There is noone to talk to to sort it all out.

Visas often terminate due to change of circumstances eg on divorce.
Technically there are lots of reasons why this is quite unrealistic (unless visaholder has settled status in own right already).

And there is no boyfriend/girlfriend type of visa under UK regs.

How long has lady been in UK?
Are there any children anywhere in the frame?

Hard to see a way ahead.

[Noetic]

I met her roughly 5 years ago while she was job-hunting in the UK (having worked in the UK on a previously expired visa).

That right there breaches the good character requirements for citizenship, if she did indeed work on an expired visa.

[vinny]

Do you mean that her BRP has ILR endorsed but is valid for 10 years?

If she has ILR, then she may remain indefinitely.