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What are we each entitled to in our divorce settlement?

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Indefinite leave to remain Visa whilst divorcing

  • corazoncita
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18 Jun 12 #337441 by corazoncita
Topic started by corazoncita
Hi everyone,

If anyone knows anything about this situation or who has been there before, I would appreciate advice.

My partner (a non-EU citizen)has lived and worked in the UK for 7 years legally due to his marriage to an EU national. They split up over a year ago but haven''t yet divorced. He should have applied years ago for his indefinite leave to remain visa but because he misunderstood the rules, he hasnt yet done it. The problem is that his 5 year visa runs out in the next few months, the ex wife wont give him her documents to apply as a married person but as his divorce hasnt come through, he cannot do that either. They are starting the divorce proceedings before the visa application is sent. He is in limbo as he cannot really apply as a married person (he doesnt have her passport, NI number etc.)but neither is he divorced... what should he do? We have been together 6 months and I am British. Anybody been in this situation? Can anybody help?

Thanks

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18 Jun 12 #337456 by James53
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If he has been in the UK 7 years surely he can apply for citizenship.

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18 Jun 12 #337458 by corazoncita
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Yes but he can only apply as a married person (with none of his exes documents) because of these missing documents, he doesn''t know what to do, we both think that this is going to look terrible to the home office as evidence that she has worked in this country ad not depended on benefits will not be included in the application....

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18 Jun 12 #337479 by James53
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Are you sure of that?

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18 Jun 12 #337490 by corazoncita
Reply from corazoncita
not completely... I think that he will end up having to send the application without the docs and a cover letter explaining why. I hope this is the right course of action. It seems unthinkable to me that he could be deported after paying taxes for so long.

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