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Topic: American divorcing British Partner - Have ILR - Can I come and go  (Read 737 times)

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American divorcing British Partner - Have ILR - Can I come and go
« on: November 12, 2008, 03:47:26 PM »
Hi, I am in the process of starting divorce proceedings from British partner of seven years.  I have an Idefinite Leave to Remain and was wondering if this enables me to come and go from the US to the UK, even after divorcing? 

Can the ILR be taken away after divorce or does it grant me the right to stay and live in the UK forever if I so choose?

After the divorce, can I still get British Citizenship or should I do it now, before the divorce?

Is there a limited time you can leave the UK and live in the US before the ILR runs out?

Would appreciate any input regarding this, as I am feeling a little confused. 

Thanks!

Greenweenie
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Re: American divorcing British Partner - Have ILR - Can I come and go
« Reply #1 on: November 12, 2008, 03:50:31 PM »
I would apply now for your Citizenship as it is changing and when it changes you have to be married to the person to go through all of the new process.

Good luck.

Indy
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Re: American divorcing British Partner - Have ILR - Can I come and go
« Reply #2 on: November 12, 2008, 03:53:34 PM »
Apply now for your citizenship. ILR currently allows you to be out of the country for 2 years, but that is, if I'm not mistaken, assuming you are with your spouse. I don't *think* it would allow you to come back and forth indefinitely if you were divorced.

The experts on this aren't always online all day. I'm sure someone will be along to offer more specific advice.

Good luck.
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Re: American divorcing British Partner - Have ILR - Can I come and go
« Reply #3 on: November 12, 2008, 03:56:08 PM »
Nothing's written in stone, as we keep reading right here on this forum. 

I could be wrong, but with the way the rules are now, you no longer need to be married to keep your ILR, and if you are out of the country for the 2 years, then you do lose ILR.  It may be changing next year, along with lots of other rules about how to become a citizen.

But, with all that said, I agree with the other two, I'd get the citizenship taken care of because then you can come and go between countries as you please (at least under current rules, one would assume they're not going to change that!!)
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Re: American divorcing British Partner - Have ILR - Can I come and go
« Reply #4 on: November 12, 2008, 03:59:39 PM »
You do not have to married to retain ILR - you keep this regardless of your immigration status.  But if you spend 2 years out of the UK, you will loose it.  Also, if you move from the UK for a significant length of time, cut your ties in the UK, and then decide to return even if within the 2 years you may have to apply as a returning resident.

Vicky
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