Divorce can be a hard emotional process, particularly for those in the UK on a spouse visa or dependent visa. Divorce is one of the biggest causes of concern for those who are divorcing and who fear their immigration status as a result of it. If you’re considering applying for ILR after divorce UK, it’s important to understand your rights, the application process, and the eligibility requirements to secure your Indefinite Leave to Remain post-divorce UK.
In this comprehensive guide, we will explore how you can apply for ILR after spouse visa divorce in the UK, the challenges you may face, and the specific requirements for ILR without a sponsor post-divorce in the UK. Whether you’re a separated spouse or an independent spouse after separation, this page will provide you with all the necessary information to navigate the process successfully.
What is ILR (Indefinite Leave to Remain)?
Indefinite Leave to Remain (ILR) is permanent residency in the UK. This ensures that people can live in the UK with no limit of time or the need for further visa renewals. Spouse visas are one of the types of visa for which ILR is frequently granted after the individual had lived in the UK for a period of usually five years.
But if you do get a divorce this may affect your eligibility for ILR. It is important to understand how to apply for ILR after divorce to make sure that you can still live and work in the UK.
Can You Apply ILR After Spouse Visa Divorce UK?
If you are in the UK on a spouse visa and you’ve recently gone through a divorce, you may be wondering whether you’re still eligible to apply for ILR after spouse visa divorce in the UK. The good news is that it is possible to apply for ILR after divorce, provided that a number of factors are met.
To be eligible for ILR after divorce:
- You have to be married to a British national and the marriage has to have lasted for at least 2 years.
- At the very least, you should have had a spouse visa (or another eligible visa) for five years. If you haven’t lived in the UK for five years at all before the divorce, you may not have the necessary residence criteria for ILR.
- One of the key considerations for ILR after divorce is proving financial independence for ILR after divorce in the UK. If you were financially dependent on your spouse during your marriage, you will need to show that you are capable of supporting yourself financially without relying on public assistance or assistance from your ex-spouse.
It’s furthermore true that, providing that your spouse is a British citizen or settled in the UK, their divorce will not automatically mean you are no longer considered a divorced spouse. As long as you meet the above criteria, you can still apply for Indefinite Leave to Remain post-divorce UK.
ILR Without a Sponsor Post Divorce UK
If you’ve divorced and are no longer sponsored by your ex-spouse, you may wonder if it’s possible to apply for ILR without a sponsor post-divorce in the UK. Everything depends on your specific situation.
You can apply for ILR in most cases provided that you have been sponsored by your partner (in the case of spouse visa) or meet any other visa categories like work visas. Nevertheless, if you were once married to a British national or someone settled in the UK, and you fulfill ILR necessities, you may at any point apply for ILR after you get separated from your life partner, without requiring a sponsor.
For those who have been separated spouse visa to ILR after divorce in the UK, the process will depend on your ability to demonstrate your eligibility based on other factors such as:
- Length of residence in the UK
- Proof of financial independence for ILR after divorce in the UK
- Evidence of a genuine relationship (if applying for a new partner visa after separation)
Is It Possible ILR for a Divorced Partner?
If you have been divorced from your spouse, you may want to know whether you are still a divorced partner to be eligible for ILR. However, those who are no longer married to a British citizen or settled person after a divorce would be recognized by the UK immigration system.
When applying for ILR for a divorced partner you will need to show that you have either been present in the UK under spouse visa for a long enough time or fit some other criteria of residency. If you can prove that you were legally resident in the UK for the required period and meet other financial and legal grounds, your divorce should have no automatic effect on your Indefinite Leave to Remain application post divorce in the UK.
Can You Apply ILR for a Separated Spouse?
And if you have separated from your spouse, there are ways in which you can apply for ILR. What you have to do is ensure that you are meeting the minimum requirements for ILR for independent spouses after separation from the UK. However, if you and your spouse have lived together long enough and meet the other residency and financial requirements, then you may apply for ILR even after you separate as long as you were on a spouse visa before.
However, if you have separated spouse visa to ILR after divorce UK, you will have no other choice but to show:
- That you have spent the required amount of time living in the UK (usually 5 years under a spouse visa).
- You will need to prove you can afford to maintain yourself at ILR after divorce UK.
- If the marriage has broken down, you will need to prove that you have been living independently and supporting yourself.
Steps to Apply for ILR After Divorce in the UK
- Ensure that you qualify for ILR after divorce, such as the residency period and financial independence requirements.
- You must be able to show your divorce, residency in the UK and that you can be financially independent. This may include bank statements, proof of income, proof of employment, and so on.
- Although, you have an alternative for submitting your ILR application online or through paper form depending on your circumstances. Make sure you put in all of the information that you need to to be able to avoid delays.
- You may need to be interviewed and asked to provide further documentation or clarification of your situation, if necessary.
- Once you submit your application, you will have to wait for the decision. Once approved you can stay in the UK indefinitely and you will be given ILR.
Can I secure ILR after separation from my spouse in the UK if we have not yet divorced?
Yes, you can still secure ILR after separation from your spouse in the UK, even if the divorce has not yet been finalized. Eligibility to ILR for an independent spouse after separation in the UK is possible, as long as you fulfil residency and financial requirements.
Why Seek Legal Advice?
Divorce and ILR application UK is quite complex and therefore it’s very recommended to seek legal advice. A Rees Clayton solicitor can help you to understand whether or not you are eligible, apply for you, and put forward the best case you can. A legal professional is essential if you want to apply for ILR after spouse visa divorce or for a separate spouse. They can assure that the application is successful.
Conclusion
There are challenges when applying for ILR after a divorce in the UK, however, it is possible. Proving your financial independence and meeting the other resulting requirements ensures that you can receive Indefinite Leave to Remain in the UK and remain here without fear of deportation. If you have any doubts or need assistance in your application, search for help from a professional who will assist you throughout the application including coaching and advising on the interview process.
Frequently Asked Questions (FAQs)
1. Can I apply for ILR after divorce in the UK if I am on a spouse visa?
In fact, it is possible to apply for ILR upon spouse visa divorce in UK, if you meet the eligibility criteria. Usually, this means that you have been living in the UK for at least 5 years under a spouse visa and you meet the financial requirements which show that you will be able to support yourself financially after the divorce.
2. Can I apply for ILR without a sponsor post-divorce in the UK?
There are some situations where you can apply for ILR without a sponsor after a divorce in the UK. Even after divorce in the UK, if you have already established the residency requirements (and held a resident visa such as a spouse visa for the stipulated period) you may still be eligible for Indefinite Leave to Remain in the UK. Proving financial independence is crucial for ILR after divorce in the UK.
3. What are the financial requirements for ILR after divorce?
To apply for ILR after divorce, you need to prove that you can financially support yourself in the UK after divorce to become ILR. In other words, you will need to prove that you can support yourself without relying on public funds or your ex-spouse. Evidence may exist in terms of bank statements, employment records, proof of income, etc.
4. How long do I need to stay in the UK before applying for ILR after divorce?
It is usually necessary that you have been living in the U.K. for a minimum of 5 years if you were on a spouse visa before you can apply for ILR. Therefore, if you divorce before the clock ticks in 5 years, on reaching the 5 year mark or less, you might not satisfy residency requirement for ILR after spouse visa divorce in UK (unless there are exceptions).
5. Can I apply for ILR if I have separated from my spouse but have not divorced yet?
Actually, if you still have not got a divorce and you have completed the required residency and financial requirements for ILR then you can still apply for it for a separated spouse. You may also qualify if you have lived in the UK for the amount of time required and can prove you have the means to support yourself (financial independence) for ILR after divorce in the UK.
6. How do I prove my relationship status for ILR after divorce or separation?
When applying for ILR after divorce, you will need to provide documentation of your divorce or separation. This includes your divorce decree or separation agreement and may also include evidence of how long you’ve been living independently and financially supporting yourself. It’s important to provide clear and consistent evidence to avoid delays.
7. What happens if my ILR application is rejected after divorce?
If your ILR application post divorce was rejected, you might be able to appeal the decision or to reapply. It is possible that the reason for rejection is due to lack of information, did not meet the financial requirements or was unable to prove actual residency. When this happens, it is always advisable to speak to an immigration lawyer so as to know your options and increase your chances for approval.
8. Do I need a solicitor to apply for ILR after divorce?
Although there is no legal requirement to appoint an attorney to make an application for ILR after divorce and separation in the UK, we advise it. Immigration law can be complicated and an experienced immigration solicitor can make sure your application is complete and correctly filed, giving you a better chance of success and preventing you from making potentially costly errors.
9. Can I apply for ILR if my spouse was a British citizen or settled in the UK but we divorced?
However you can still get ILR for a divorced partner if your spouse is a British citizen or was settled in UK. The core elements in meeting the requirements will be whether you’ve met the residency and financial requirements and can show you’ve been a spouse visa resident in the UK during the required amount of time.
10. How long does it take to get a decision on my ILR application after divorce?
It usually takes 6 months for an ILR application to be processed after divorce. You need to provide a complete and accurate application to avoid delays. This may extend the processing time if more information is required.
