UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.
I am sorry to hear about your situation, unfortunately, this is something which is occurring more and more now, where applicant's after obtaining indefinite leave to remain are ending their relationships with their partners and starting new relationships.
The fact is that after obtain indefinite leave to remain it is very difficult for the Home Office to revoke this and they only revoke indefinite leave to remain in rare circumstances, please see the following link:
As you will note is only in deception cases where fraudulent documents have been submitted or if the applicant spends more than 2 years outside of the UK that his indefinite leave to remain will be revoked. Going back to your specific questions:
1. Yes he can file for a divorce himself there is nothing preventing him from doing so.
2. Whether is effects his status will depend on if you or someone else report him stating that he has been deceptive and has lied to you throughout your relationship,only then will his indefinite leave to remain may become of interest to the home office.
He may have to explain if he decides to apply for British citizenship why and how his relationship ended with you. But provided no one reports him and he files for a divorce and initiates the proceedings then it should not effect his indefinite leave to remain status. Should you wish to report him to the home office on the basis that he has been deceptive you may do so by using the following link:
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.
thank you for your email.. it is so true how people can pretend .... i just dont want to file anything..he kept telling me that it will affect him not me..as im proper british citizen.. if he file the divorce himself it wont be a problem.. as you said. because i would like to know the reasons he give for filing the divorce..i dont even know what im thinking because iam just so upset with the whole thing that happened...
so if he continues to refuse the filing for the divorce himself...if i initiate it eventually as he pushed my limits... how long will the process take and will it effect my character? many thanks.
thank you once again for your reply and i am sorry to keep bothering you..but just one more question..
he got his indefinite two weeks ago..and if i initiate the case, there is likely that it will affect my future marriages should i planned anything...which i havent thought of yet really...but i am just concern that he deceived me and he is telling me to file..but as we all know there are people who do forge marriages then file things..im not that type of person..and this is bothering me alot..as within a week he got his ILR and i filed the divorce...im sorry once again to bombard you with questions.. many thanks...but do you think i should linger on? and everyday he texts me and forcing me to file.many thanks
Its a pleasure, I wish you all the best.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).