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Indefinite leave to remain (ILR) with 498a

Only for the Global Talent visa, formerly known as Tier 1 (Exceptional Talent) visa

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sammy_blr
Newly Registered
Posts: 1
Joined: Thu Feb 27, 2025 6:57 pm
India

Indefinite leave to remain (ILR) with 498a

Post by sammy_blr » Fri Feb 28, 2025 6:21 pm

Background: I am a researcher thinking of applying for Global Talent Visa (or whatever equivalent replacement visa shows up for GTV). It seems one can apply for ILR after 3 years on GTV.
I am in India, facing matrimonial cases, and my wife has filed 498a (its a heavily misused law, see this for example https://www.livelaw.in/supreme-court/su ... and-282854).
Cases in India drag on for years (decades long). In India even matrimonial cases are treated as criminal cases.

Question: Will a running court case in India (more specifically 498a) impact chances of obtaining ILR? I do not want to quit my tenured research job here in India and move to UK if there is no possibility of ILR/citizenship.

Can someone please advise me on this?

razergd1
Member
Posts: 227
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Indefinite leave to remain (ILR) with 498a

Post by razergd1 » Sun Mar 23, 2025 7:47 pm

I think this depends on the circumstances and specifics of your case.
If the prosecution is for something which is legal in the UK and it does not show that you disregard your country of residence laws it may be disregard.

One example is homosexuallity which is illegal in large parts of the world but a caseworker will disregard it.

So it is heavily dependent on the circumstances and specifics of the case.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

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