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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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i know this is common...but it is really heart breaking with

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i know this is common...but it is really heart breaking with whom it is happening to..
i have been married for 4 years. and just within one week of getting the indefinite my husband start telling me it is not working out...he wasnt granted ILR ealier because he had drink driving offences, and now after two years after applying..he is forcing me to file the divorce..he is telling me it is not working out..i have never loved you etc... i have asked him to initiate the file he said i cant as he fear home office questioning him about him deceiving me...which is the bitter truth...the shock he put me through with his deception cannot be explained...but can he himself not file the divorce?? will it effect ?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.

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:

 

 

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/asylumpolicyinstructions/apis/revocationofindefiniteleave.pdf?view=Binary

 

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:

 

 

http://www.ukba.homeoffice.gov.uk/aboutus/contact/report-crime/

 

 

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.

 

Kind regards

Customer: replied 1 year ago.

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.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I can understand your situation and I hope that this is something with you can get through as easily and as soon as possible.

You may initiate the process yourself, it can take up to 6 months provided that it is not contested (one party refused to the divorce). If the divorce is contested then this can take longer.

If you divorce, it will be for you to state the reasons for you petitioning for the divorce, it would not effect your character.

I hope this clarifies the matter and has eased your stress a little.

Kind regards

Customer: replied 1 year ago.

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

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The fact is that he is the one that wants to divorce you and he should initiate the proceedings if he wishes to divorce you.

What I would suggest is that if you put the reasons to show that your partner is the one that has behaved in a way which has left you with no option but to divorce him , then it would not effect your character.

Whether you want to prolong the procedure is up to you, but I would certainly try to get him to initiate the proceedings, and if you feel that he is just going make you initiate them after a lot of stress and hassle, then maybe initiating them yourself would not be a bad option.

I hope this clarifies the matter.

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2106
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you.

Expert:  UK_Lawyer replied 1 year ago.
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