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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7509
Experience:  UK solicitor
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My wife refusing to process my ILR bec she wants divorce. I

Customer Question

My wife refusing to process my ILR bec she wants divorce. I told her I will give her divorce if she process my ILR.pls help as I want to stay.
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Are you on a spouse visa?
When does this expire?
Do you have any children in the UK?
Kind regards,
Tom
Customer: replied 2 years ago.
I'm on dependant visa and no kids, what are my chances of staying? Visa expires January 2015
Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
If you are a dependent and not on a spouse visa, what nationality is your wife please?
What visa is your wife on?
Kind regards,
Tom
Customer: replied 2 years ago.
Wife got British passport, our ethnic origin Nepalese. I'm not red passport coz I'm dependant.could I get legal help?
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, if your wife is not willing to support your application for ILR based on your marriage then you will not be able to apply for ILR.
She has the power in these circumstances, I’m afraid.
The thing is that she can serve the divorce petition on you so that the divorce can proceed, but you can make it difficult but disputing the grounds for divorce. This would be a pain for her.
You may consider indicating to her that if you stay together and attempt a reconciliation and supports your application to ILR then, after ILR has been granted, you will honestly review the situation and if she still feels the same then you will not dispute her petitioning you for divorce after you have been granted ILR.
You should only really apply for ILR if you are genuinely still in a married relationship, but this would be a viable option.
If she issues divorce proceedings or otherwise refuses to support your application for ILR then you are stuck. This would mean that you would have to see if you can switch to another visa before your current visa expires, so you need to attempt to manage your wife as best as possible to avoid her doing this.
There is no legal aid help in these circumstances either, so that’s another reason to attempt to avoid your wife issuing divorce proceedings until you have obtained ilR.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7509
Experience: UK solicitor
Thomas and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
What type of visa could I switch to? I am very pleased with your help and honesty. Thanks very much. Just please let me know what visa I'm allowed to switch to.
Expert:  Thomas replied 2 years ago.
Hi,

If you do not have children in the UK or access to significant funds (ie. £200, 000.00) for investment in UK business), then the most common form of visa that people attempt to switch to is a Tier 2 - General - Sponsored Skilled Worker visa:-
https://www.gov.uk/tier-2-general


Kind regards,

Tom

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