If a British man and a non-British woman were married in the UK for 6 years and had children, and the woman was born outside of the EU (and she had never applied for British citizenship) if they then got divorced, what would happen to the woman? Would she still have a legal right to be in the UK?
If she applied for citizenship after getting divorced, would this affect her application?
2007-02-17 03:52:15 · 6 answers · asked by roast_potato 1 in Politics & Government ➔ Immigration
I can answer the first part of your question easily from personal experience, as I was the non-British woman who married and divorced a British man. I had indefinite leave to remain prior to my divorce, so the change in my marital status did not affect my legal right to remain in the UK.
As for applying for citizenship, I believe there are certain criteria for applying to be naturalised as a British citizen, for example, having lived in the UK for 5 years, being able to speak English (may have to take an ESOL test), having knowledge of life in the UK, etc. For more info, go to the Immigration and Nationality Directorate website. I don't think the divorce would be a showstopper for obtaining British nationality as long as the applicant can meet most of the criteria, but then I don't work for the IND! I guess they would assess each case on its own individual merits.
2007-02-18 13:05:06 · answer #1 · answered by Anonymous · 1⤊ 1⤋
OK - here is the correct answer: If the non EU woman has been in touch with the Home Office and has progressed her leave to remain as she should have then she should by now have indefinite leave to remain on the basis of marriage (assuming she had only limited leave at the outset and was not already resident in another category). She could therefore remain in the UK whether married or divorced. If she has not pursued her leave to remain then by now she would be an overstayer and would be subject to immigration enfocement action. If she has no valid leave then she would be advised to seek exceptional leave outside of the rules. She does not NEED a lawyer to do this - the forms can be obtained from the Home Office free of charge and completed by herself.
2007-02-18 00:33:39 · answer #2 · answered by Frisky 5 · 1⤊ 1⤋
After 6 years, you can apply on your own, you do not even need the permission of your husband for that. But it will be better if you consult a solicitor, as they would put that thing in a better way. Normally they charge around £60 for first time and will be able to tell you about what will be the outcome. And do contact 2/3 lawyers before deciding.
2007-02-17 05:12:50 · answer #3 · answered by Scoute M 4 · 3⤊ 1⤋
She'd get 5* treatment...he'd get charged with racial discrimination for asking for a divorce.
2007-02-17 05:17:12 · answer #4 · answered by richiesown 4 · 1⤊ 2⤋
It won't affect your status
2007-02-18 08:08:39 · answer #5 · answered by Anonymous · 2⤊ 1⤋
http://youtube.com/watch?v=nJrJStJoXIM
2007-02-17 03:59:48 · answer #6 · answered by L 5 · 0⤊ 2⤋