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Old 08-01-2009, 01:10 PM   #1
btonki
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Question query

Hi guys.
I wonder if you could help with this one. A friend is here on spousal visa, has good job etc, and in process of getting her ILR. Unfortunately her marriage is going downhill and she needs to know if she would be able to stay in the UK if a divorce does happen. Once she gets her ILR will she be able to stay in UK to get her citizenship, or will she need to go back to SA if he divorces her?
Any help greatly appreciated as she is rather worried at the moment.
Thanks
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Old 08-01-2009, 02:39 PM   #2
TheDuck
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not sure if this is of any help however a friend of mine got divorced and she is still in the UK and is applying for her UK citizenship

however she had 2 children so maybe it was different for her

I will see what I can find out

quack

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Old 08-01-2009, 04:53 PM   #3
mcamp999
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Btonki Hi

Once she gets her ILR, it is hers to use and there should be no come back on that one. The only difficulty that may arise is when she applies for her British nationality as they will ask for marriage certificates etc.
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Old 08-01-2009, 10:31 PM   #4
btonki
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Thanks for the replies. Am I correct in thinking that she can stay in UK as long as she likes once she gets the ILR, maybe just not worry about getting citizenship for the time being?
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Old 09-01-2009, 12:57 PM   #5
alvonhumb
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From the Uk Border agency website (under rules pages):

Returning Residents
18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

(ii) has not been away from the United Kingdom for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

(iv) now seeks admission for the purpose of settlement.


In other words the ILR gives residence rights indefinitely BUT if the holder leaves for more than two years settlement will be lost. (My understanding anyway).
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Old 09-01-2009, 07:09 PM   #6
mcamp999
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Alvon is correct, but remember that when the SA passport expires she may have to transfer the ILR to a new passport. But, essentially she can remain indefinitely as per the visa
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