Chances of ILR after Divorce?

[Kayo_]

Hello, I hope you all can help answer my question I would be very grateful.

A good friend of mine is living in the UK on a spousal visa after marrying a UK citizen in 2013. Within a year they had separated and she has been living on her own. I live in the United States and during this time we became romantically involved and now am trying to figure out what the likely hood of her ILR application being approved is or if she may have to leave and return to the US. As you can imagine the uncertainty has put quite the strain on a long distance relationship. She is adamant that she would like to remain in the UK if possible and I would like to know if that's likely to happen.

Since the two and half year spousal visa expired this year, they've been separated for some time and are nearing finalizing the divorce paperwork should she really expect the ILR application she submitted some months ago now to be approved? They don't have a child, she's a low skill worker and she has not been there long enough to meet the other requirements that I'm aware of but she applied anyways, is there some consideration made that I'm unaware of just from looking at the uk.gov websites?

They recently asked for her biometrics which another friend said they wouldn't do if they didn't plan on approving her but as far as I can tell that's a standard protocol for all applicants yes?

Again I appreciate any insight you can give as the whole circumstance has wrought us both quite a bit of anxiety,

Thanks.

[CR001]

Has she applied for ILR based on spouse visa and marriage?

If yes, her ILR will fail and she will lose the fee she has paid. She needs 5 years residence and a subsisting marriage and the support of her spouse to qualify for ILR as spouse of BC.

How long has she lived in the UK?

Her BC spouse was obliged to inform HO that the marriage has broken down and no longer subsisting. Your friend has not been entitled to her spouse visa if the relationship broke down.

[Casa]

In addition to CR001's advice above, if your friend only married in 2013 and applied for her initial spouse settlement visa after 9th July 2012 she submitted an ILR application in error.

If her marriage had still subsisted she would have submitted a FLR(M) application for another 2.5 year extension. As it is, as CR001 has confirmed her spouse visa has been invalid since the separation from her British sponsor.

A request for biometrics is no indication that the application has been accepted as valid as biometrics are generally the first step in the process before a Case Worker even begins to assess the application. She was also required to submit a signed declaration by her husband supporting the application and confirming that they are still living together as a couple, with documented evidence of co-habitation covering the full 2.5 years.

[noajthan]

If material changes were not notified and/or material facts were suppressed or misrepresented (such as separation, impending divorce etc) there will be consequences.

ILR and any future ambitions for privilege of citizenahip will be placed at risk.

[Kayo_]

Thanks for the detailed responses everyone.

She has only lived in the UK since moving to marry in 2013 and in desperation for how badly she wants to stay she is applying using the 10 year route anyways after the spousal visa elapsed last year. At the very least it's given her time to get her divorce settled while the application is processed.

Her spouse did not notify HO after the separation as he was thought it was best for her well being to let her stay in the country and let her deal with come what may.

So it sounds like you all have confirmed my suspicion that there is absolutely no way she is going to get her ILR approved. I wanted to inquire and be as certain as possible because if she is rejected and has to return to the US which is where I live that has huge implications on the decisions I may potentially make (jobs, housing, finance etc) to pursue a relationship with her.

Thanks again for the advice, I can understand why she wants to remain there so badly, I spent a week visiting her in London last year and had a wonderful time and hope to return to your country myself someday.

[CR001]

What do you mean she applied on the 10 years route?
Do you mean ILR? What form did she submit?

10 years route ILR requires 10 years legal residence in the UK to qualify.

She has no avenue available to her as things stand nowith.

[haiksuresh]

Hi Seasky,
As you mentioned she applied on 10 years route, You need to provide all the details like complete 10 year immigration history. So that guru's can suggest correctly. So provide complete immigration history and her current nationality, Whey she initially entered to UK and after that her history. So that you can get better answers.

[noajthan]

Thanks for the detailed responses everyone.
...

Her spouse did not notify HO after the separation as he was thought it was best for her well being to let her stay in the country and let her deal with come what may.

...

It is not this guy's call; such a decision is not in his gift, it is out of his hands.

Applicant is likely to have practised some degree of deception in this application.
This somewhat gung ho or cavalier approach will have consequences.

[Casa]

Kayo_ you may be alluding to an application under the right to private life which isn't ILR but a 10 year limited leave route. However, after only a relatively brief time in the UK with no children or family ties this to be honest is doomed to failure!
The application is also highly likely to firmly close the door to any UK visitor visa application in the future.

Was her estranged husband involved in any way in supporting this application?

[Kayo_]

Her exact words were "Life in UK 10 year" which again no, she obviously does not meet that requirement but applied out of desperation and to buy more time as she can stay and work while it's processed.

That was 3 months ago which made me wonder why it hadn't been rejected outright already so I posted here just to hear confirmation from someone with experience that there are no other factors to be considered and yes she's 100% certainly going to have to leave and return to the US.

Does anyone know what the timeline and procedure is once that verdict has been reached? I understand as you all have said that she may lose future abilities to even return to the UK on a visitor visa but would this be the extent of consequences for remaining in the country within the term limit of her spouse visa albeit separated and seeking divorce? Surely there would be no criminal repercussions?