ILR after separation - or another route?

[toby_harris]

Hello,

This is my first post so please excuse me if I'm not in line with the rules.

I'm writing on behalf of a dear friend.

She has been in the UK since 2010, initially on a tourist visa, which was then extended to discretionary leave to remain after appeal to the first-tier Tribunal (Asylum and Immigration Chamber), then renewed (to limited discretionary leave to remain) in 2015.

She is legally married to a UK citizen (on which basis these visas were obtained), but they have now been separated for two years (living apart) and she has not yet informed the Home Office.

I have a few questions on her behalf.

1. Is it at all worth considering for her to apply for ILR? She has significant extenuating circumstances proving social and cultural links to the UK, as well as numerous relationships (incuding a new partner) and ties with her in-laws (with whom she is close).

What I am not clear on is exactly how the requirements for ILR interact with her separation. Is it necessary in her case to be in a current married relationship in order to quality for ILR?

2. If so, should she inform the Home Office of her separation first?

3. If not, are there any other routes to visa extension (and eventually to ILR) that she could investigate? She is already looking into a work visa.

Thank you very much in advance for your help.
Sincerely,
Toby