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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6289
Experience:  BA (Hons), PgDip, Practising Solicitor
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Good Morning, See previous question too. My wife and

Resolved Question:

Good Morning,

See previous question too.

My wife and I are going through a very difficult time and unfortunately things are not improving. Sophie is Canadian (I am British) and landed in the UK on 5/9/2009 on 2 year spouse visa. This is obviously due to be renewed asap.

We now have a beautiful little girl who is 11 months old, she has a British Passport and Canadian citizenship card.

If (and this is if at the moment) we decide to split up what is the procedure with Immigration and sophies status here in the UK. From my understanding we have to let Home Office know and she will get an extension to stay whilst we sort out things and obviously custody / plan for Evora. Is this correct, how long would this typically be for?

Thanks in advance for your help,

Kind regards,
James
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

If you split up now without staying together in order to secure your wife’s ILR then your wife would cease, technically, to have leave to remain. This would mean that she would have to apply for discretionary leave to remain (if the child is to remain in the UK) arguing her Article 7 Right to a Family and Private Life. This is an application outside of the traditional immigration rules. She would probably (probably) receive leave to remain but you would have to work out who is to have residence of the child.

In all honesty, if you are not yet technically separated and are still trying to work on your married relationship the surest way of securing her leave to remain in this country would be for you to support her application for ILR in September by showing that you are still living together and are married. Once this is granted then it would solve her problems and she would be allowed to remain her indefinitely.

If you rely on the discretionary application you would have to pay a solicitor to prepare the application and it is much more unreliable.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6289
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Tom.

If we go through the ILR which in nearly all aspects is the most logical thing as no reason it would not be granted. What happens if Sophie and I subsequently separate, does the ILR remain in place?

MAny thanks,
James
Expert:  Thomas replied 2 years ago.
Hi James,

Thanks for your accept.

ILR is only revoked in certain circumstances. It can be revoked where it has been obtained fraudulently and that is why at the present time I would urge you both to continue working at your relationship as man and wife.

Once ILR has been granted the UKBA do not really make any checks until the person applies for naturalisation as a UK citizen. If you split up, say, 3-6 months afterwards then they would not know until your wife applies for naturalisation after she has been here for total of 5 years. She could no longer apply after being here for 3 years at that point because this is afforded to spouses and you would be separated at this point.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6289
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Immigration Law Specialists are ready to help you

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