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Divorce and consequences

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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WinterBreeze
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Joined: Sat Nov 25, 2017 8:57 pm
United Kingdom

Divorce and consequences

Post by WinterBreeze » Sat Nov 25, 2017 9:10 pm

Good evening everyone.
My husband and I got married in 2012 and I came to the UK in July 2013, I got my ILR in Janyary 2016 and have been eligible for the citizenship and passport since January 2017. We don't have children but we wanted to have but always ended up postponing this for various reasons. The last year has been the toughest, many fights and verbal abuses have taken place, at some points he physically harmed me and I inadvertently harmed him while trying to defend myself, the last attack took place 5 months agoand since then I have been extremely unhappy and very depressed and down. He works long hours everyday while I don't which makes my situation worse. I don't want to cause any harm or affect his reputation and of course don't want him to lose his job so I will not mention the physical attacks when I apply for divorce. I don't think I can carry on and I need to end this marriage to regain myself, he most likely won't agree because he sees me as a property and always shen we fight says things like " you're here because I am British,be thankful you're here, I can end your ILR if you ever run away or try to split up" so I am worried, can he really end my ILR, can he make the authorities kick me out of the UK? I don't have a job and we don't have kids will this be seen as scam marriage? I know it isn't but he will not let me stay in the UK and I am sure he will do his best to send me back to my original country. I can't afford a solicitor and I have been reading about divorcing a British citizen before getting the passport. I need help and I will be extremely thankful and appreciative. Thanks a lot for reading this.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Divorce and consequences

Post by Casa » Sat Nov 25, 2017 9:17 pm

Your husband can't have your ILR revoked and you are also entitled to apply for British citizenship in your own right, without the support of your husband.
(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.

WinterBreeze
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Posts: 3
Joined: Sat Nov 25, 2017 8:57 pm
United Kingdom

Re: Divorce and consequences

Post by WinterBreeze » Sat Nov 25, 2017 9:22 pm

Thank you very much for your prompt reply but don't I need his passport /birth certificate to apply? He knows I believe and trust him with these applications and that's what he repeatedly told me. I haven't been here for five years to apply on my own, from what I read I have to spend 5 years in the UK from the date of entering it to apply for citizenship/passport on my own.

Wanderer
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Ireland

Re: Divorce and consequences

Post by Wanderer » Sun Nov 26, 2017 10:53 am

WinterBreeze wrote:
Sat Nov 25, 2017 9:22 pm
Thank you very much for your prompt reply but don't I need his passport /birth certificate to apply? He knows I believe and trust him with these applications and that's what he repeatedly told me. I haven't been here for five years to apply on my own, from what I read I have to spend 5 years in the UK from the date of entering it to apply for citizenship/passport on my own.
Are you sure you have ILR?

It is possible you have if you applied for spouse visa prior to July 2012 (I think) but on the face of it this doesn't look to be the case.

Can you post your precise visa info?
An chéad stad eile Stáisiún Uí Chonghaile....

WinterBreeze
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Joined: Sat Nov 25, 2017 8:57 pm
United Kingdom

Re: Divorce and consequences

Post by WinterBreeze » Sun Nov 26, 2017 12:31 pm

Hi. Thank you for your reply. Yes I do have my indefinite leave to remain a card which I obtained last year ( 01-2016) type of permit settlement and it has this valid until 2024 on it but the officer back then said renewing it wouldn't cost much or take long. The visa i entered the UK with was spouse visa

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zimba
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Re: Divorce and consequences

Post by zimba » Sun Nov 26, 2017 11:09 pm

You can get divorce without ANY consequences. Your rights as a settled person stand on their own and have nothing to do with your husband. You can apply for BC after holding ILR for one year on your own without any reliance on him
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

wegiwegi
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Joined: Thu Apr 10, 2014 2:48 pm
Switzerland

Re: Divorce and consequences

Post by wegiwegi » Sun Nov 26, 2017 11:29 pm

WinterBreeze wrote:
Sat Nov 25, 2017 9:10 pm
The last year has been the toughest, many fights and verbal abuses have taken place, at some points he physically harmed me and I inadvertently harmed him while trying to defend myself, the last attack took place 5 months agoand since then I have been extremely unhappy and very depressed and down. He works long hours everyday while I don't which makes my situation worse. I don't want to cause any harm
I don't think I can carry on and I need to end this marriage to regain myself, he most likely won't agree because he sees me as a property and always shen we fight says things like " you're here because I am British,be thankful you're here.
Another typical abuser, take him to the cleaners, divorce him, next time he hits you, take it the police, get a report, nobody cares about his reputation, he is an abuser, he deserves what is coming to him, Don't let him do it again.
My sister had a muppet like that, finally she got the courage and took matters on her own hands, and got rid of it.

So be brave, you can do it, you should be able to stay in the UK by your own merits.
Timeline:
Fourth application sent 21.07.17
HO received 24.07.17
Paid on 25.07.17
Biometrics 23.08.17
COA received 07.09.17
Passports received 07.09.16
Status: Decided on 10.11.17
Documents returned 13.11.17 dated 09
RC 13.11.17 dated 09

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