Time apart (ILR) - How is it viewed?

[CharlesR]

Hi all,

I really need some help and advice on how spent time apart from your wife is viewed when applying for ILR in the UK. My wife is here on FLR; after the summer, we need to apply for ILR, but we both agree that we need to spend some time apart because it may save our relationship which is currently going through a bad patch.

I was wondering, though, how might this effect the ILR application?

Basically, things haven't been too great recently for myself on a personal level, or with our relationship. I lost my job last year and have yet to find new employment and this has caused huge strains on our relationship. I've been suffering quite badly with low mood/depression and haven't been the best person to be around.

My wife works a very stressful job, and she's also being bullied at work, so her own mental state hasn't been too great either. We've found it hard to support each other given the turmoil going on in our own lives. There's various other things going on, and basically it's been a perfect storm of problems - it's all had a huge negative impact on our marriage.

We both want to make this work, but agree that we need to spend time apart. Fortunately for her, she has quite a wealthy relative who has a place here, so she could live there for a while. I could continue to live in our current home.

If we can pull through, then we'll certainly live together again; probably somewhere new so it's a totally fresh start.

The thing is, I'm worried that the X amount of months living apart will go against us when applying for ILR (that's of course if we apply, if we're still together) because when we applied for FLR, I remember that you must show that you'll live together. However, I think we really need to do this in order to rebuild our relationship.

I feel like I'm stuck between a rock and a hard place.

Should we proceed with what we think is the best course of action and then disclose this if/when we come to apply for her ILR? How is it viewed in terms of the application? Can they refuse on these grounds?

Thanks

[twinpin]

You will need to show that your are still living together. That is why they ask for official correspondence addressed to your wife to prove residence.

You don't say how long you have been living apart.

If you can patch things up and she moves back in with you then no need to mention any temporary split on her ILR application.

Good luck I hope you can work things out. I know it's not easy with the language barrier but it can be done. Trick is to stay calm and talk it through as best you can

[CharlesR]

Thanks for the reply. We still living together at the moment, but we're considering this other temporary arrangement for a few months. We'll need to apply for the ILR around September, so I'm hoping we've patched things up by then.

When I was younger my parents lived apart for a year and it saved their marriage. It's just distressing that it's not easy for my wife and I to do so and it's all because we have to meet certain conditions set out by the UKBA.

Edited March 14, 2014 by CharlesR

[7by7]

The relevant part of the immigration rules is Para 287(a)(ii) and (iii).

You will see that the requirement is that your marriage is still subsisting and that you intend to live together indefinitely.

However, no mention is made of time apart during the qualifying period and there is flexibility in this area. Dependant upon how long you were apart and why.

From the application form (SET(M)

Living arrangements
2.13 Have you lived with your partner permanently in the UK since being granted temporary leave as a partner?
Yes No
If No, why?

Obviously, though, if you are still separated when her makes the application I am very doubtful that she would be successful as it would be difficult, if not impossible, to show that the marriage was still subsisting.

This all may seem harsh and distressing to you; and I wont comment on your particular circumstances as I know nothing of them.

I will say, though, that these rules have evolved over time to combat those who abuse the system via marriages of convenience etc. (one of the reasons why the qualifying period for ILR is now 5 years.)

As for whether she should disclose all this in her ILR application: yes!

Were she not to then she will be guilty of attempting to obtain (or actually obtaining) ILR by deception. If discovered during the application process she would be refused; if discovered after her ILR had been granted then it could be cancelled and she deported.

[CharlesR]

Thanks 7by7.

Basically, we won't apply for ILR unless we are back on track and actually living together. The only reason she is here is because of me. If our relationship breaks down completely then she will leave the UK.

This time that we intend to spend apart is to, hopefully, help us rebuild our relationship. We still intend to see each other and spend time together, but we will have our own space too.

I'm glad there's provision for us to disclose time apart because I'd feel more comfortable with that for sure.