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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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My Japanese partner has been in the UK for 8 years on a "settlement

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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?

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

Customer: replied 4 years ago.

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




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

Customer: replied 4 years 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.


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,

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