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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My Japanese partner has been in the UK for 8 years on a "settlement

Resolved Question:

My Japanese partner has been in the UK for 8 years on a "settlement wife" visa basis. We have been living together with her British daughter for just over a year. Her husband wants a divorce. Please advise what we should do in order to make her a permanent UK resident?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Has she applied for Indefinite Leave to Remain yet? If not, why not?

Tom
Customer: replied 1 year ago.

She has got Indefinite Leave to Remain on her current Visa and her husband had not asked for a divorce until last week.


 


 

Expert:  Thomas replied 1 year ago.
Hi,

Just to be clear - she has "Indefinite Leave to Remain" stamped in place of her visa in her passport?

Tom
Customer: replied 1 year ago.

That's right,she has to produce two passports when she travels abroad as it is on her original passport but not on her new one.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

She does not have to do anything at all to secure her permanent stay in the UK. She holds ILR, this means that she has an right to remain in the UK for an indefinite time regardless of whether she stay married to her husband.

The only time that the UKBA takes action to revoke ILR is if there is clear evidence that it was obtained fraudulently (eg. False documents). Given that she has been married to him for I presume over 8 years there is absolutely no chance of the UKBA taking revocation action. None at all.

She should see a solicitor about representing her in her divorce proceedings, with a view to arranging the financial settlement and who is to have residence/contact with the chid but she does not have to do anything to avoid compromising her immigration status. Only if she leaves the UK for a significant period of time would it be curtailed.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6046
Experience: BA (Hons), PgDip, Practising Solicitor
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