ILR + Separation/Divorce

Howdy,

I did a quick little search on here, but couldn't find anything.
If my husband and I are separated/looking at divorcing, what happens to my immigration status?
I've had ILR since 2014.

TIA 

So sorry to hear that .

As you have ILR, nothing will happen to your immigration status as long as you continue to live in the UK. You are a permanent resident in your own right, regardless of whether or not you are still married to a U.K. citizen.

However, if you do decide to return to live in the US at all, I would suggest applying for U.K. citizenship first so that you can return to live in the U.K. in future if you wish (ILR lapses if you move away for more than 2 years).

If you are no longer married to a U.K. citizen when you apply for citizenship, you just need to meet the 5-year residency requirements instead of the 3-year requirements.


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Nothing! 
You have ILR and can work and live in the UK as you wish.  The only stipulation being that you're unable to retain your ILR status should you choose to settle outside the UK (for longer than 2 years, I think?) and then try to move back.  You may want to look at citizenship if you qualify and have the money, then you could leave and come back as you please.

Thank you ksand - lovely to see you still here on the boards.

It's okay - it's all completely amicable (we still live together), just a case of growing apart of the years.

I may look at citizenship at some point, but I'm all settled in the UK so I see this as my home now

When it comes time to renew ILR (2024 for me), does this happen automatically or is it another process? If so, I'm sure I'll be back on these ever helpful boards!

When it comes time to renew ILR (2024 for me), does this happen automatically or is it another process? If so, I'm sure I'll be back on these ever helpful boards!

Your ILR is permanent so you do not renew the actual visa... you just need to update your BRP card every 10 years.

However, no one has had to do this yet because no one’s BRP expires until 2024.

Also, the majority of people who currently hold ILR will apply for citizenship before 2024 anyway, at which point their ILR BRP is destroyed and will never need renewing.

If you have not applied for citizenship before then, I believe you will be in the same boat as everyone else, because I’m pretty sure that due to a change in EU regulations for ID cards, all ILR BRPs that are issued now expire on Dec 31st 2024 anyway, so everyone will be renewing them at the same time.



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I may look at citizenship at some point, but I'm all settled in the UK so I see this as my home now

I'd highly recommend getting citizenship, then you don't have to stay on top of any potential changes. And you just never know what the future has in store. We have several members who could have applied a long time ago but are now starting back at the very beginning because their lives took an unexpected turn. They are all kicking themselves now.

Thank you larrabee! I will have a look at it. Just not sure whether should do the divorce first or citizenship first or does it matter?

Thank you larrabee! I will have a look at it. Just not sure whether should do the divorce first or citizenship first or does it matter?

It doesn't matter.   You qualify for citizenship in your own right.  You hold ILR and have been resident in the UK for 5 years.  Being married, divorced, or "It's complicated" doesn't make a difference for your citizenship application.