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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I was granted indefinite leave to remain on marriage

Resolved Question:

Hi, I was granted indefinite leave to remain on marriage basis on 31st July 2014. Then we (me and my ex-wife) separated in December 2014. We divorced in April 2015. I got married again in the same month to a non-European spouse. Now, we have submitted
a settlement visa application for my new spouse. My question is: Would our application be treated as normal like a British national? Sincerely, ***** *****
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It will be treated the same except for two factors.
The first is that they will be concerned that you divorced fairly soon after obtaining ILR. You will have to confirm and provide what evidence that you can to show that you considered you were still in a loving married relationship until you applied for ILR and for some time after.
The second issue is that your new marriage is coming so soon after you divorced. They will be suspicious that the relationship is one of convenience and not a genuine relationship. Therefore, you will have to show that it is a genuine/credible relationship and that there was no overlap with when you are saying that you remained in a loving relationship with your ex wife.
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 2 years ago.
So they definitely gonna ask about these two concerns?I already have submitted our new visa application despite of considering the points stated above.
Expert:  Thomas replied 2 years ago.
Hi,
They are certainly going to examine the evidence that you have submitted to ensure there is no element of your ILR application/new marriage which is not credible.
If you have already submitted the application then there is nothing that you can do about it now and you will just have to wait to see if it is accepted or rejected. If rejected you will have to appeal and take your chances on appeal. Generally your evidence will get a fairer hearing on appeal than on determination of the application by the home office.
Kind regards,
Tom
Customer: replied 2 years ago.
Could that rejection of my new spouse’s visa affect my ILR?
Expert:  Thomas replied 2 years ago.
Hi,
Only if they believe there is evidence that you were not in a loving relationship with your previous wife at the time you applied for ILR.
If they believe that you were in a loving relationship when you applied for ILR then it will be unaffected.
Tom
Customer: replied 2 years ago.
Thanks for you answer.We got married in October 2008 and divorce in April 2015. Is this good evidence that the marriage was genuine? Also, I and my ex-wife were related before marriage. By the way I entered in the UK in June 2012.
Expert:  Thomas replied 2 years ago.
Hi,
The issue is not whether the marriage was genuine at ANY point, but rather whether it was genuine at the time you applied for ILR.
Most likely you will be okay in terms of your own ILR.
Tom
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