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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Im an American citizen married to a British citizen. We were

Resolved Question:

I'm an American citizen married to a British citizen. We were married in 1994, lived in England and in 2001 moved to the US at my husband's request. We've been here for 11 years. In 2010 my husband started cheating on me and eventually asked for a divorce. Although we're still married and he is living with another woman in Florida, I would like to move back the the UK where my friends live. I had indefinite leave to live and work in the UK before we left and now I'm wondering if it's possible to enter the UK and stay for good if my husband divorces me and stays in the US. Geez, do I need help or what?

Regards,
Signe H.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Sorry to hear about your situation. Thanks for your question.
Awan-Legal : Unfortunately as you have been away from the UK for more than 2 years you will have lost the right to your indefinite leave to remain, which means you cannot re-enter on this basis
Customer:

What would I have to do? I have a place to live there so that's not an issue. Who would I need to speak with?

Awan-Legal : Do you have work arranged in the UK?
Customer:

I have a friend with whom I'd be living with and he has also offered work.

Awan-Legal : The work entry requirements are very restrictive now due to tighter rules that have been introduced.
Awan-Legal : If you do not have access to significant funds (eg. £50k from a venture capitalist firm or £200k personally) for investment in UK business then you would have to apply for a Tier 2 Sponsored Skilled Workers Visa. You will need to receive a job offer from a UK company willing to employ and sponsor you for your Tier 2 visa:- http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/sponsorship/You will need to see if there is a job on the Shortage Occupation List which you could do:-http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdfIf the job is not on there then your proposed employer will have to show that there is no-one in the resident labour force who can do the role for the salary offered. You must also meet the points based requirements personally, if you do not then you should not apply because it will be rejected out of hand:-http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/eligibility/It's not very difficult to get a Tier 2 visa. But if you secure a job with a salary of over £35k before tax and remain on your Tier 2 visa for a period of 5 years then you will be eligible to apply for Indefinite Leave To Remain. 12 months after obtaining ILR you can apply for naturalisation as a UK citizens provided you meet the criteria on the following page:-http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/
Awan-Legal : If your friend has not previously acted as a Tier 2 Sponsor then he will have to register as a worker.
Customer:

I'm sure that he would be willing to give me a salary of that amount in order to secure my stay in the UK if that's helpful.

Customer:

It would be a personal assistant type job and not something he would employ a person unfamiliar to him to do.

Awan-Legal : That's great. I will email you the link for him to register as a Sponsor to start the process.
Customer:

Thank you so much!

Customer:

Regards.

Awan-Legal : http://www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/
Awan-Legal : Please click accept on my answer, thanks.
Awan-Legal : Ps once he has the license and number for you, you can apply for the visa. He must show it is a genuine job offer and genuine need.
Awan-Legal : Please click accept, thanks. Good luck with the application.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Awan-Legal
Awan-Legal
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Specialist in immigration law with the highest level of accreditation in this area and with many years experience.