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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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can a person who has a 2 year spouse visa apply for indefinite

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can a person who has a 2 year spouse visa apply for indefinite leave if they have not been living together due to breakdown in marraige?

Hi,

 

Thanks for your question.

 

If the person is at the end of the two year period and the relationship has broken down then they would not, legitimately, be able to apply for ILR. You must have been married and remained as man and wife during the two year period and the marriage must be genuine and subsisting at the time of the application for ILR.

 

It would probably have to be supported by the other spouses as well.


If ILR is obtained on the basis of deception (ie. on the basis that the person holds the marriage out as genuine and existing/continuing) then this is very serious. ILR can be revoked and you could potentially face deportation.

 

If there is a child of the marriage and the child is to stay in the UK then you could possibly make an application for discretionary leave to remain.


A person on a spouses visa may switch in to another immigration category.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas and other UK Law Specialists are ready to help you
Customer: replied 6 years ago.

Hi

 

what are the consequences of a false ILR application?

Espcially in the circumstance that the Home Office are aware that the marriage has broken down as the British spouse has reported this to the Home Office without the person on the spouse visa knowing.

The spouse is refusing to give the British person a divorce until he gets ILR.

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Customer: replied 6 years ago.

The spouse does not know he has been reported to the UKBA which is why he is insisting on gaining ILR.

British spouse in being pressured by him as well as the family to give ILR.

 

Quite complicated.

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Customer: replied 6 years ago.

Can the non British spouse apply for indefinite leave on different grounds if he tells the UKBA that the grounds on which he entered the UK have now changed but he wishes to remain in the UK?

Not at present.


They would have to swtich in to another visa category and then meet the time requirement for that category. 5 years for a work visa category, 10 years otherwise provided their stay is legal, 14 if their stay is illegal.

 

I've got to offine for a while now.