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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7672
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Immigration Law
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I have been in the UK since Sept 2010. The first 2 years on

I have been in the... Show More

I have been in the UK since Sept 2010. The first 2 years on a spouse visa and then on a right to remain permit. Married 30 years. Five children all holding British citizenship and living in the UK. Marriage has been abusive and I have recently attended a splitz course called making changes. My concern is that if I leave my husband I may loose my right to live in the UK and I have no family back in South Africa where I came from. Secondly am I entitled to assistance from the state? Youngest child now 19 years old, oldest is 30 all from my husband.

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Hi, Thanks for your question. Do you mean that you hold "indefinite leave to remain"? Kind regardsTom
Customer reply replied 2 years ago.

Yes, I hold 'indefinite leave to remain' which states I have all rights as a British citizen. The correspondence that came with it stated that should my circumstances change, I have to notify them immediately. Since it was issued based on my marriage I assume my right may fall away if I leave my husband.

HiThanks for your patience. If you have obtained indefinite leave to remain a few years ago then separating or divorcing from your husband will not affect your right to remain in the UK. The only circumstances in which a spouse's indefinite leave to remain might be revoked is if there was clear evidence that it was obtained by deception, which is to say if there is evidence that you only stayed with your husband for the sole purpose of obtaining indefinite leave to remain. Essentially, it would only be revoked if you did not consider the marriage to be genuine. Given that you obtained indefinite leave to remain a few years ago and there are children of the relationship there is no chance at all that they would consider the relationship was not genuine. Therefore, there is no chance that you would lose your ILR. This means your status is not at risk if you separate from or divorce your husband. As a holder of ILR you are entitled to claim benefits/public funds in the same way that any UK citizen is. I have to go out for a few hours now. If you require a further reply then I will probably be able to answer around 3pm/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