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.
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.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).