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Partner applying for ILR but I want to end relationship.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Andersonfive
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Joined: Wed Nov 16, 2016 4:07 pm

Partner applying for ILR but I want to end relationship.

Post by Andersonfive » Wed Nov 16, 2016 4:18 pm

My partner was granted TA when entering and had our baby a month later. I am British. After contact with immigration they have asked for biometric fingerprints and see her as someone who wants to apply for ILR on a human rights ground. FLRFP I believe.
Problem I have now is that I want to leave her. Our relationship has deteriorated so bad and I want out.
What would happen with an ILR claim if we were to separate. Before it is granted and after.
I don't care if she stays in this country or goes back. But I want to know for my son and what would happen to him.
Thank you.

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CR001
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Re: Partner applying for ILR but I want to end relationship.

Post by CR001 » Wed Nov 16, 2016 4:22 pm

You are mistaken - FLR(FP) is NOT ILR. If the child is British, then yes, she can apply for FLR(FP) parent route but can only do this if you ARE separated.

FLR(FP) partner route requires a subsisting relationship so this won't work.

Did she get admission as a visitor?? If yes, did she pay for the birth??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Casa
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Re: Partner applying for ILR but I want to end relationship.

Post by Casa » Wed Nov 16, 2016 4:26 pm

FLR(FP) isn't an application for Indefinite Leave to Remain (ILR). Assuming this is your wife's first application it's for limited leave and if successful would
generally grant an initial 2.5 year visa.

If you separate your wife could apply for FLR(FP) Parent route.

Custody of your child would be for a family court to decide.

Edit: Beaten by CR001 :roll:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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