Once Ilr Has Been Granted

[el2004]

Can a women/man divorce their UK spouse and still be able to remain in the UK?

If they have been here 2 years and been granted ILR this question is about.

Thanks for the info.

[7by7]

If they have ILR then yes, they can remain in the UK after divorce.

Having said that, if the divorce occurs shortly after ILR being granted then this may raise doubts about the genuineness of the marriage and if those doubts prove to be true then the ILR could be revoked.

If the divorce was due to domestic violence against the foriegn spouse by the British one then they can stay in the UK, even if not yet qualified for ILR.

[el2004]

If they have ILR then yes, they can remain in the UK after divorce.

Having said that, if the divorce occurs shortly after ILR being granted then this may raise doubts about the genuineness of the marriage and if those doubts prove to be true then the ILR could be revoked.

If the divorce was due to domestic violence against the foriegn spouse by the British one then they can stay in the UK, even if not yet qualified for ILR.

Ok understood.

So as devious as it is, if a UK resident met a foreigner who was here on a spouse visa say 1 year 9 months and they were more happy together then the foreigner and UK spouse, and kept quiet until after 2 years could they then be together after this?

Even if no violence had arrisen, just unhapiness from the foriegn spouse?

[mariner29]

One would find it very difficult to have ILR revoked but not impossible.

The original sponsor has to supply evidence that they are both still in a subsisting relationship etc.

[el2004]

One would find it very difficult to have ILR revoked but not impossible.

The original sponsor has to supply evidence that they are both still in a subsisting relationship etc.

so one is granted ILR at 2 years, at 2 years 1 day they are not happy and want to leave the sponsor for someone else. Apart from seriously p1ssing the sponsor off, this is a reality that can happen?

[mariner29]

What would happen if the husband wanted a divorce after his wife had gained ILR ?

She can remain in the country she has ILR .

Does that answer your question ?

[el2004]

What would happen if the husband wanted a divorce after his wife had gained ILR ?

She can remain in the country she has ILR .

Does that answer your question ?

not really assuming its the man is the sponsor,

what if she wanted a divorce after having gained ILR. Im guessing as you said the husband choosing the divorce she can stay, if she decides she wants a divorce she can stay.

I guess the question is the timescale, if the relationship fails at 2 years or 3 years the foreign national can still stay once ILR has been gained regardless of how long it has been granted for?

[mariner29]

What would happen if the husband wanted a divorce after his wife had gained ILR ?

She can remain in the country she has ILR .

Does that answer your question ?

not really assuming its the man is the sponsor,

what if she wanted a divorce after having gained ILR. Im guessing as you said the husband choosing the divorce she can stay, if she decides she wants a divorce she can stay.

I guess the question is the timescale, if the relationship fails at 2 years or 3 years the foreign national can still stay once ILR has been gained regardless of how long it has been granted for?

Yes she can stay, it can only be revoked in exceptional circumstances, or a 2 year absence from the UK.

Edited January 27, 2009 by mariner29

[el2004]

ok thanks for the info.