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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6590
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have sent my passports for residency but I also want to apply

Customer Question

I have sent my passports for residency but I also want to apply for divorce is that going toeffect my residency case in anyway
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What nationality are you
2. I assumed you are referring to Indefinite Leave to Remain when say you have applied for residency, have you actually received ILR yet?
3. How long have you been married
Kind regards.
Tom
Customer: replied 3 years ago.
pakistani
no we are still awaiting for there response.
15 years
we came here on work permit and have been here last 9 and a half years ,have 2 kids one special needs they both have been going to school
Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

1. Is your husband also pakistani?

2. Do you both hold separate Work Permits, or are you a dependent of his?

Tom
Customer: replied 3 years ago.
yes he is also pakistani
we came here on his work permit then later on I qualified as a teacher and started working in a secondary school my school is willing to apply for my work permit also
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

I would suggest that you wait before issuing divorce proceedings. If you are a dependent of his at the moment then your application for ILR on this basis requires that you remain his wife, if you issue divorce proceedings then this could be taken as evidence that you marriage has broken down. If this happens it is conceivable that the UKBA would curtail your visa and require you to leave the country. Even if they don’t then it would cause complications for your ILR application.

Once a person has been granted ILR it is generally only revoked where deception has been used to obtain it. If you divorce soon after receiving ILR the UKBA may take the view that your marriage relationship was over at the time of making the application and that by saying in the application that you were still in a loving marriage that this is a form of deception. If they did not find out about it then there would be no problem, but who knows how your husband would react if you issue divorce proceedings – you are the best person to judge whether he would seek to cause problems for you by informing the UKBA that he believes you only stayed with him for the purpose of getting ILR.

If you get ILR then I would suggest that you withhold divorcing him for a period of time after so that you have a period of time you can point to to say “ I wasn’t sure about our marriage, I was still trying” and thus convince them that the marriage was subsisting at the time you made your application for ILR, so that they would not take revocation action in respect of the grant of ILR.

If you do no get ILR and find that you are still absolutely resolute that you wish to divcorce then I would get everything in place so that you can switch to being sponsored by your employer under your own separate visa. If you have been in the UK legally for a period of ten years without any gaps in your leave to remain then you would be eligible to apply for ILR under the long residence rules in any event so you would not have to remain on the visa very long until you reach this.
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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6590
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
thanks foryour advice during all these years he has managed to get a lot of money out of my account and my father but now my father wants to write him a letter and acclaim everything back is this advisable
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
Thanks one more thing if you dont mind Hehas 3 properties here I have managed to put my name on the one I am residing in but later on if I do proceed for divorce should i have my name on all or is that not necessary
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
i really appreciate yourhelp thanks
Expert:  Thomas replied 3 years ago.
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BA (Hons), PgDip, Practising Solicitor