Tier 1, ILR, Divorce - HELP!

Hi - I wanted to tell my story and see if anyone can help me out or advise me on the best approach, taking any possible changes in the UK immigration law into affect. Any help would be VERY appreciated!

In summary: I came to the UK in August 2004 as a dependent on my husband's sponsored work permit. We separated a while ago, have decided to get a divorce and are now in the process of doing so in the UK.

In December 2008 I applied for Tier 1 so I could have my own permit separate from his and was told by a woman at the UK Border Agency helpline that I had to apply in the US but could do it if I lived in the UK as long as I posted it to the US. I went to the US to do the biometrics and flew back to the UK on my current work permit as it is still valid. My Tier 1 application was then rejected because I was in the UK at the time of applying. I understand now that this was a huge misunderstanding and this woman gave me completely the wrong information. A very costly mistake.

Now... to add in a little twist to this, I am pregnant with my boyfriend's child and can no longer travel as I am due in May. So reapplying for a Tier 1 and waiting for approval is not an option any longer.

So I have been going through my options and since my husband and I came to the UK in August of 2004, I should be able to apply for ILR in August 2009 (5 years residency in the UK), right? If I get ILR, then when the divorce goes through I will be able to stay here and live without any problems, right?

If that is the case, these are my options as far as I can see them:
1. I let the divorce proceedings go through and then apply for an extension to my permit until after August 2009 and apply for ILR in August (not a fan of this option as I think it has too many unknowns).

2. I hold off on the divorce proceedings until after August 2009 and my husband and I both apply for ILR in August. The divorce papers can then go through after the ILR is set up. The only variable in this option is that my husband has said that his company might make him redundant, which would then make me go with option 1.

Does anyone see any other options/routes that I could take? After the mess with my Tier 1 application and speaking with other people who only know bits and pieces of immigration law I do not know what to believe anymore and would love some help!!

Thank you so much!!
A

In reality, the internet is scarcely an improvement on the UKBA helpline you spoke with.  In fact, I'd say they were neck-and-neck in terms of accuracy and expertise.

Your particular situation is non-straight-forward because it involves a change of status and a switch complicated by a divorce from the primary under which you originally entered. 

You would be better off in a consultation with a practitioner rather than the net because not that many people switch into the PBS from a dependent status - and it's a tricky switch anyway.

In terms of the ILR question, I can only add to be careful because what you propose to do in the second option above would be seen by them as obtaining ILR via a sham marriage, and you're vulnerable to that for up to 5 years after obtaining ILR.

Oh dear.

You need to seek advice from a profesisonal.  Unfortunaelty, you have technically been in the UK illegally since the break up of your marriage, so any application you make from within the UK is going to be outside of the rules, therefore difficult, and therefore something only a profesisonal can advise you on.

Neither of these options are possible.  You cannot extend a dependent visa if you are not in a relatoinship with the main applicant, and you certainly cannot apply for ILR as a dependent - this would be making a false declaration and will get you in serious trouble.

If you want to discuss this with me I would be happy to assist - outside the rules applications are my speciality - but even if you choose not to go with me you MUST seek advice from a qualified experienced advisor.

Vicky

Thank you both for your advice. I was afraid that what I was thinking might not be possible, so thank you for steering me away. There are so many things on the websites that contradict each other and do not relate to my circumstances.

I am still technically married as the divorce has not gone through. I thought I was safe to stay in the UK until the divorce was finalised. Is that right?

Vicky, I would happily discuss this with you further if you have the time. Can you let me know how to go about that?

Many many thanks!
A

I am still technically married as the divorce has not gone through. I thought I was safe to stay in the UK until the divorce was finalised. Is that right?

I am afraid not.  Your visa stopped being valid the minute you and your husband seperated.

Vicky, I would happily discuss this with you further if you have the time. Can you let me know how to go about that?

Please drop me an e-mail... victoria.sharkey@medivisas.com

Vicky