cleagt350

Hi All,

I am new to this board and would hopefully get some feedback as well as helping others.
I married a British citizen then moved to UK from 2002-2006- I recevied an indefinate to remain in UK stamp in my passport.

Unfortunately, my husband of those years assaulted me - and I fled back to USA- nightmare but will not get into all that. I have legal aid here but can I still keep my stamp as indefinate in the passport. And do I have the option of going back to England to divorce him there??

Ray

ILR may be lost if a person leaves the United Kingdom and on return is given leave to enter other than for an indefinite period. This may be because, e.g., they mistakenly seek to enter as a visitor, or the immigration officer believes that they do not intend to reside in the United Kingdom.

ILR may also be curtailed by the Home Secretary for reasons of national security or if the holder of the ILR commits an offense that could lead to their Deportation from the United Kingdom

A person may also lose ILR by leaving the United Kingdom for more than two years. However, in some circumstances such a person may reapply for indefinite leave to enter the UK.

I don't think you need to return to get a divorce ...

Elvira

In your situation, if you want to be able to remain in the UK indefinitely at some point in the future, the only safe thing to do is to return to the UK asap and apply for citizenship. Once you've got that you are safe to come and go as you please.

As for the divorce, this is the website of family lawyers in the UK:

http://www.resolution.org.uk/

All the best.

JAJ

If she returns to the UK in the near future and convinces an Immigration Officer on arrival that her home remains in the UK and her absence has been temporary, she ought to be readmitted without entry clearance as she has been away for less than 2 years. (unless ILR has already been removed).

http://www.ukvisas.gov.uk has information for returning residents.

However, she may have already re-set the 3 year clock for naturalisation and if she divorces, it becomes a 5 year clock.

Annex B to Chapter 18 of the Nationality Instructions explains the residence requirement and what leeway there is.
http://www.ind.homeoffice.gov.uk/documents/nichapter18/