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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I have been in the UK from 1997 aged 11 even though home office

Resolved Question:

i have been in the UK from 1997 aged 11 even though home office are willing to accept that i have been here since 2000 because they cant trace the document i entered the country with. i was married to a british citizen when i was granted discretionary leave to remain in 2010 and currently in my 5th year on discretionary leave to remain. in the documents from the home office it stated that i am eligible for ILR after 6 years. However my wife has just filed for divorce. What are my chances of being granted ILR and what can i do to improve that chance
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Nicola
Customer: replied 2 years ago.

Hi Nicola,

I am happy to keep waiting. Thanks for searching hopefully you find the best person to help me

thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

I am happy to keep waiting. What is the issue in finding a professional? Is it a matter of them not knowing or there isn't enough professionals on your database to help answer my question?

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you. I have not received any feedback on this question, but we do have several Immigration law professionals who should be able to help.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
When do you complete 6 years?
When was the divorce filled?
Kind regards
Customer: replied 2 years ago.

Hi 6 years will be next year December just before my visa expires and the divorce was filed last month

Kind regards

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
This would be very complicated scenario, it all dependents on what view the home office take regarding your discretionary leave to remain. If the whole visa was simply granted on the basis of marriage then, if you do not inform the home office of your impending divorce and then simply apply for ILR in 2016 the home office can refuse the visa on the basis that you did not inform them of the divorce and had you informed them they would have cancelled your visa.
If you visa is not issued simply on the basis of your marriage then, the home office may not curtail your visa.
In any event what I would recommend you do is inform the home office once your divorce has been completed of what has occurred then the home office will make a decision on whether to allow you to remain in the UK or cancel your visa. This would be the best way to proceed.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Thanks for your reply. In the case of the visa being based on being married will I be able to appeal the decision if the visa is curtailed? Or will that be final? Also what are my chances of winning a case against the home office on the basis that the immigration law which was broken was done so when I was a minor and fact I've spent more years here than my home country?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If your visa is curtailed the home office usually allow you to appeal the decision or write them a letter asking them to reconsider the application.
I believe if you have been here since at least 2000 which the home office do except them you may have a chance to apply for discretionary leave to remain simply on this basis alone also due to the fact that you arrived when you were 11 and have spent more time in the UK than you home country. I believe that you should be granted discretionary leave to remain simply on the basis of your residency in the UK.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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