Uk Ilr

[milkycheese]

Hello TV People,

My Wife is currently in the UK with our child with ILR, has been for nearly 3 or 4 years. I am currently residing in Thailand. However a divorce maybe imminent. My Wife wishes to stay in the UK but wants to become independent of myself.

What are her rights, can she stay. Would any help be given to her (I already provide 100% and will continue), keeping in mind she wants to be independent. The fault does lie with me so I do not see why she should suffer. She has a house etc which will be hers to use freely.

Any answers are welcome.

Regards

[kennkate]

I would have Thought if she has ILR she can stay if that is what she wants

Even if your relationship has broken down

I might be wrong. You Can Tel Border & Immigration in the Uk for Information

Maybe best if you said it was A friend who asked up to you Tel No 0870 241 0645.

[cuddleypete]

Hi there Milkycheese yes your wife can stay in the uk as she has ILR, and i think she will get help with rent benifits etc

pete

[milkycheese]

I was told she could not get any help with public funds?

[kennkate]

Is council Tax bennefit Public Funds Or is it Just Unemployment Bennefit.

I only ask because when my wife came to the UK to get married I was under the impression that NHS was Public Funds And it is not.

[cuddleypete]

Hi i think once your wife has ILR she can claim benifits etc. It is only before ILR not allowed

pete

[ThaiVisaExpress]

If she has been in the UK for 3 years or more she is entiltled to citizenship/ UK passport.

She has the right to stay in the UK.

[7by7]

Can she still apply for citizenship after three years if divorced? Would she not have to wait for 5?

Cuddleypete, you are correct. Once ILR has been granted then the "no access to public funds" endorsement no longer applies.

[milkycheese]

That does not clarify, as if divorced does she not lose her rights as she is not a citizen holding a UK passport? She will only hold ILR which I was told does not make her eligible for any public funds.

[cuddleypete]

Hi there you can not claim public funds on a vistor visa / settelment visa etc, untill you have Indefinite Leave to Remain ,once your wife has ilr she can claim public funds, does not matter she does not have uk passport.

pete

[micky44]

if she has ILR whether she is married or not is of no consequence what so ever, once granted it can not be taken away just becauce she gets divorced.she is entitled to public funds also. as long as she does not spend more than two years out side of the uk in any one time she will not loose her ILR. this topic has been discussed very recently, she is home and dry my friend. and neither you nor your friend can do anything to have her removed.

[7by7]

That does not clarify

Previous posts do say that she will not lose her ILR and that she can claim public funds.

On behalf of myself and the other posters, I apologise if that was not clear enough for you.

as if divorced does she not lose her rights as she is not a citizen holding a UK passport?

As said before; ILR is indefinite. She will not lose it on divorce. She can only lose it if she obtained it by deception and the Home Office discover this, or she is found guilty of a serious criminal offence, or she spends a continuous period of 2 years or more living outside the UK.

She will only hold ILR which I was told does not make her eligible for any public funds.

Whoever told you that was wrong.

Hope all is clear for you now.

[snuggzzz]

If your wife is living in your house 'freely', then it could become her's, particularly if children are involved........ The above comments are correct insofar as your wife is entitled to full benefits etc.

[ArranP]

My Thai wife is on an FLR visa, I have moved out and we are living seperatly, I am looking into divorce on grounds of "unreasonable behaviour" and understand It is my responsibility to notify the VISA people we are seperated.

Will she be allowed to stay in the UK and claim public funds ? We have a 9 month old child born in the UK.

Regards

Arran.

Edited August 14, 2009 by ArranP

[micky44]

your wife will not get ILR if you were to divorce whilst she is on FLR. One of the requirements of ILR is that the marriage is genuine and continuing and that you plan to remain married or at least intend to when you apply for ILR. How ever, should your wife be the subject to domestic abuse at home she can apply for ILR, even if the marriage has failed, obviously any instances of domestic abuse would have to of been reported to the police, she could not just claim abuse.

[Eff1n2ret]

My Thai wife is on an FLR visa, I have moved out and we are living seperatly, I am looking into divorce on grounds of "unreasonable behaviour" and understand It is my responsibility to notify the VISA people we are seperated.

Will she be allowed to stay in the UK and claim public funds ? We have a 9 month old child born in the UK.

Regards

Arran.

As just posted, there will be no grounds for applying for FLR/ILR as your spouse if the marriage no longer subsists. However, who is looking after the child? Does she have rights of custody or access? If she applies before her leave expires, she may be able to apply because of that.

[ArranP]

My Thai wife is on an FLR visa, I have moved out and we are living seperatly, I am looking into divorce on grounds of "unreasonable behaviour" and understand It is my responsibility to notify the VISA people we are seperated.

Will she be allowed to stay in the UK and claim public funds ? We have a 9 month old child born in the UK.

Regards

Arran.

As just posted, there will be no grounds for applying for FLR/ILR as your spouse if the marriage no longer subsists. However, who is looking after the child? Does she have rights of custody or access? If she applies before her leave expires, she may be able to apply because of that.

Yes, as described by my solicitor my wife would automatically be awarded custody of the child, as children normally stay with their mothers. Therefore I'm guessing because of this she will be allowed to stay in the UK, but will she have recourse to public funds ?

[7by7]

If she is granted ILR on the basis of her child then she will be eligible for public funds.