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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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I have an ILR and would like to know what would happen if my

Resolved Question:

I have an ILR and would like to know what would happen if my wife and I divorce, can I stay in the UK?
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 9 months ago.
Hi,

When did you obtain ILR please?

Tom
Customer: replied 9 months ago.


I think it was 2008, I don't have my passport here

Expert:  Thomas replied 9 months ago.
Hi,

Thanks.

Drafting your answer now. 5 mins.

Tom
Expert:  Thomas replied 9 months ago.
Hi

Thanks for your patience.

If you have obtained ILR on the basis of being married to your UK spouse or foreign national spouse who holds ILR in the UK and you obtained this in 2008 then nothing will happen.

Your ILR will not be revoked in these circumstances as a result of your divorce. You are free to divorce your husband and remain in the UK under the basis of your indefinite leave to remain.

ILR is only revoked in circumstances where it is clear to the UKBA that it was obtained by deception. Generally, this is where the UKBA become aware very shortly after they have given ILR that the marriage was only a marriage of convenience. Even then, they must have incontrovertible evidence that the marriage was a deception purely for the purpose of the spouse getting ILR.

There is no chance that this would be a possibility in your case if you remained in marriage and living with your husband from 2008 until now. People in marriages of convenience simply don’t do that.

You will be fine to divorce your husband and remain in the UK.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6265
Experience: BA (Hons), PgDip, Practising Solicitor
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