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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7408
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi. I have the ILR and married 3 years to British Citizen.

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I have the ILR and married 3 years to British Citizen. I would like to know if I divorce to my husband is going to effect me? Also, I want to apply for uk citizenship and I am wondering if this divorce going to effect. Only reason I want to divorce is his horrible behavior and domestic violence from him.
Also, I have good full time job and studying same time.
So far I have 2 Diplomas from my qualification.
Please help and answer my question.

Thanks so much.

How long have you been in the UK please?

When did you obtain ILR?

Kind regards,

Customer: replied 2 years ago.

3 years and I have received my ILR in May 2013.



Drafting your answer now. 5 mins please.

Customer: replied 2 years ago.

Thank you


Thanks for your patience.

If you were to divorce your husband now then there would be two issues to consider.

Your ILR status will be maintained unless the UKBA consider that you only married and remained married to your husband for the purpose of getting ILR. If the UKBA believes that you stayed married to him to get ILR then they could conceivably take action to revoke your ILR.

Obviously, they would also have to find out about the break up of your marriage. Sometimes, spouses do inform the UKBA. Obtaining ILR and then divorcing only 6 months later would appear (to the objective bystander) a little suspicious. If there was a larger gap until you broke up (eg. a year) I would much, much more confident in saying that the UKBA would not revoke it.

I would assess the risk that the UKBA taking action as being small but appreciable.

The second point to consider is your eligibility for naturalisation as a UK citizen. If you were to divorce then you would no longer be married to a UK and therefore not eligible to apply for naturalisation under the spouse requirements. You will be aware that the spouse requirements for naturalisation are different and only 3 years is required:-

However, the requirement if you are not married to a UK citizen is that you must have been in the UK for 5 years:-

Therefore if you divorce now you would have to wait until you reach the 5 years in the UK.

So, it’s really up to you to take a view on how to proceed but those would be the issues with breaking up for now.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Customer: replied 2 years ago.



Thankyou for the info, can you please confirm the following:


1. I have been married for over three years with a UK citizen, therefore if we were to divorce does this mean i am safe from such claims as i was only married for the UK citizenship.


2. Would it be better for me, to report to the police the insidents that have happened, so i have a recording of the issues that have happened. Would this better protect me if he was to report me out of spite?


3. in your opinion, what is my best plan of action to make sure i can remain in the UK and get my Citazinship confirmed? Please advise accordinly.


Look forward to your reply.




1. That was the point I was making. You are asking if it's okay to divorce only 5 months after obtianing ILR. I have said that it is a risk but that I would assess the risk as being small but appreciable.

2. If you have suffered domestic violence then your ILR is much less likely to be revoked because peoples can actually apply for ILR on the basis of domestic violence. If you reported the incidents then this would strengthen your claim that you were abused. It is for you to make your own assessment of what might happen domestically if this were to happen.

3. I cannot advise you whether or not you should stay in your marriage. That is not what lawyer are for. Only you can make that decision. However, as a lawyer I can explain to you what might have happen in each differing circumstances so that you can make your own decision which I have done above.

I don't mean to be evasive, it's just that it's a big decision and you are much better placed to decide whether or not to stay in your marriage than I am.

Please remember to rate my answer.

Kind regards,

Thomas, Solicitor
Satisfied Customers: 7408
Experience: BA (Hons), PgDip, Practising Solicitor
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