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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I've had my indefinite leave to remain since March 2015.

Resolved Question:

Hi, I've had my indefinite leave to remain since March 2015. I have recently found out my partner has been unfaithful and I wish to divorce him but I am worried this might effect my chance of applying for my British passport. Could you advice me on what my options are available.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
I assume that you obtained ILR after being on a spouse visa.
When did you arrive in the UK on your spouse visa?
Kind regards,
Tom
Customer: replied 1 year ago.
I arrived in the UK as a student in 2009. I got married in December 2011. My partner has a settlement visa and ILR too.
Expert:  Thomas replied 1 year ago.
Ok.
Top clarify: have you been legally in the UK (ie. continuously on visas with no breaks) since June 2010?
Customer: replied 1 year ago.
Hi Thomas
I have been in the u.k since December 2009. I got married in 2011 before my visa expired in April 2012.
Expert:  Thomas replied 1 year ago.
Hi,
So, there have been no gaps in your leave to remain.
Correct?
Customer: replied 1 year ago.
Correct Thomas.
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
People who are married to UK citizens when they apply for naturalisation have to meet the requirements on the following page:
https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen
People who are NOT married have to meet the following requirements, which are a bit different:
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
This means that if you have divorced your husband before the date you apply for naturalisation then you have to show that you have been legally in the UK for 5 years and have not breached the other residential requirements on the above link. I assume that you meet these and so there is no issue here.
However, you will not on the above link that you also have to show that you have been free from immigration time restrictions for 12 months when you apply. Therefore, you would have to wait until you have held ILR for 12 months before you apply so you would only be able to apply some time in March 2012.
If you were still married to your husband then you would not have to show that you have held ILR for 12 months and could apply straight aware provided you meet the requirements in the first link above.
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
Customer: replied 1 year ago.
Thanks, ***** ***** confirm that I can file a divorce as soon as possible eventhough I only got my ILR/settlement for 3months?
Expert:  Thomas replied 1 year ago.
Hi,
ILR is generally only revoked where it is apparent that the marriage was not genuine and credible, essentially that the marriage was a "sham" married for the purpose of obtaining ILR.
Obviously, you considered the marriage to be genuine and it seems that the problem is with your husband. If I were you I would wait a few more months before actaully applying for divorce though, to be on the safe side.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
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