How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6392
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi. I have the ILR and married 3 years to British Citizen.

Resolved Question:

Hi.

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.
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 10 months ago.
Hi,

How long have you been in the UK please?

When did you obtain ILR?

Kind regards,

Tom
Customer: replied 10 months ago.

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


 


Thanks

Expert:  Thomas replied 10 months ago.
Drafting your answer now. 5 mins please.

Tom
Customer: replied 10 months ago.

Thank you

Expert:  Thomas replied 10 months ago.
Hi

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:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

However, the requirement if you are not married to a UK citizen is that you must have been in the UK for 5 years:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

Customer: replied 10 months ago.

hello,


 


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.


 


 

Expert:  Thomas replied 10 months ago.
Hi,

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,

TOm
Thomas, Solicitor
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience