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Indefinite Leave to Remain application after separation

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

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

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confusedhusband
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Indefinite Leave to Remain application after separation

Post by confusedhusband » Fri Oct 19, 2018 1:04 pm

I am the husband of a Russian citizen, we have been married since 2013 and living in the UK since 2014. We separated in September 2017. She has remained in the UK since and wants to apply for Indefinite Leave to Remain, as her residence permit expires soon.

We remain on good terms and she has informed me that her application would require me to sign a document attesting that we remain together to be successful. I would like to help her if I can, but do not want to place myself at risk from a legal perspective.

If I was to do this, what sort of legal jeopardy would this put me in? Is this something the Home Office investigates thoroughly?

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CR001
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Re: Indefinite Leave to Remain application after separation

Post by CR001 » Fri Oct 19, 2018 2:06 pm

What evidence of subsisting marriage and cohabitation do you have??

You need to submit substantially more than a single signed document.

HO should have been informed when the relationship broke down on the prescribed form in link below.

https://www.gov.uk/government/publicati ... nsent-form
Char (CR001 not Casa)
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confusedhusband
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Re: Indefinite Leave to Remain application after separation

Post by confusedhusband » Sat Oct 20, 2018 5:23 am

CR001 wrote:
Fri Oct 19, 2018 2:06 pm
What evidence of subsisting marriage and cohabitation do you have??

You need to submit substantially more than a single signed document.

HO should have been informed when the relationship broke down on the prescribed form in link below.

https://www.gov.uk/government/publicati ... nsent-form
Thank you for your reply.

We have a joint mortgage, shared utility bills and other similar documents, as we continue to own a property together. Her important post - bank statements, payslips has been sent to the address even after she moved out. All we lack really is photos of us together on holiday. We obviously haven't been doing that for that past few years.

Do you know if HO asks for that level of detail or not? Any sense of what paperwork they do ask for would be useful in helping me make my decision.

I was aware of the HO request about informing of marriage breakdown. However, I was given legal advice that I was not legally obliged to inform them myself and there would be no censure on me for not doing so. The risk was all on my wife.

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