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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7407
Experience:  BA (Hons), PgDip, Practising Solicitor
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I met my current partner, a Thai national, whilst she was still

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I met my current partner, a Thai national, whilst she was still married to her husband, a U.K. national. She has been married for 3 years and resident in the U.K. for over 2 years. About 2 months ago she was granted indefinite leave to remain in the U.K. with a biometric visa, to be reviewed after 10 years. The indefinite leave to remain has no work restrictions or movement restrictions. She is employed in the U.K. and pays taxes, has a National Insurance number etc. The covering letter with her right to remain in the U.K. states that she only has to inform the Home Office if she moves address, alters her appearance etc. She now wants to leave her husband (who has a chronic alcohol dependency). She intends to notify the Home Office, HM Revenue & Customs of a change of address. Will this change her indefinite leave to remain in the U.K. status?

Thanks for your patience.

The basic position is that a once a person has obtained ILR the UKBA will only attempt to revoke it if they consider that it was obtained fraudulently. Usually this is attempted where it is clear that the person has used false documents in obtaining ILR OR where they have clear evidence that the marriage was a marriage of convenience.

Usually they will only take action where the other spouse alleges to the UKBA that they consider that the marriage was not genuine and used only to get ILR. If she simply advises them of a change of address and her husband does not contact the UKBA then chances are that nothing will happen.

If the husband writes to them clamiing that he considers the marriage was not genuine then it’s possible that they may take action to revoke her visa. However, the fact that ther were married for 3 years is in her favour. It’s anyone’s guess whether they would take action and even if they did she would defend on the basis that the marriage was credible right up until she left. If this is accepted then she will be fine.

If her husband does not make any trouble then the high likelihood is that nothing will happen.

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Kind regards,

Thomas, Solicitor
Satisfied Customers: 7407
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 3 years ago.

Thank you for the quick and informative response. Does it make a difference that her indefinite right to remain visa was granted after July 2012, when the law changed regarding rules on entry?


Not really, no. The position is largely the same in this regard.

Customer: replied 3 years ago.

Thank you Tom, you have been very helpful and put our minds at rest. I will certainly recommend your services.


You're welcome. The husband is the key as I have stated above. If he doesn't contact the UKBA chances are she will be fine.


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