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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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I am a british woman married to a nigerian man who is due to

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I am a british woman married to a nigerian man who is due to apply for indefinate leave to remain, i have refused to sign the declaration, we have not lived togethere as man and wife since August 2009. I do not know where he lives he will not disclose this. i have filed for divorce, he does no know this yet. I allowed him to use my address for his mail,and so there is documented evedenc in his posession that he lives in the marital home althought he does not. He tells me he is filing for divorce based upon unreasonable behaviour and cultural differences, are there any grounds whereby he could suceed in divorcing me and still get his indefinate leave to remain. His visa is a marriage one.

Thank-you for your question. The short answer is no. If you and your husband divorce, there is no basis upon which he will lawfully be able to obtain indefinite leave to remain in the UK on the basis of marriage. This is because he will not be able to satisfy the requirements of the Immigration Rules for indefinite leave to remain as spouse. The rules require, for example, that the marriage must be subsisting and the parties must intend to live together permanently as husband and wife.

 

In fact, not only will your husband not qualify for indefinite leave to remain, he should actually leave the UK now. Since his relationship with you has ended during the two-year probationary period, he is no longer currently meeting the requirements of his permission to stay and therefore should leave the UK.

You are a British citizen and your relationship with your partner has ended during their probationary period. The Home Office requires that you should tell the UK Border Agency that the relationship has ended. For more information see:

http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/ifyourrelationshipends/

 

I hope this answers your question. Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you.

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