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Mesbah Mahmud · Sep 19, 2009, 11:42 AM

I am Mesbah Mahmud, and I came to Uk in September 2008, and in June 2009 I brought my Bangladeshi wife as a spouse and she got the visa up to Feb 2012. But somehow she doesn't want to live with me, and she wants a divorce, but she doesn't want to leave UK. She got a boy friend, and currently he lives in Bangladesh and he will be in UK perhaps in January 2010. Probably they will get married. I want their good future. My question is that if she gets a divorce from me, will she be able to live in UK? Please do help me with information and I am badly in need of it.

lawanwadee · Sep 19, 2009, 04:15 PM

If she passed the ILR test, she can maintain her PR status after divorced.

ukc331 · Sep 23, 2009, 10:05 PM

Originally Posted by Mesbah Mahmud

I am Mesbah Mahmud, and I came to Uk in September 2008, and in June 2009 I brought my Bangladeshi wife as a spouse and she got the visa up to Feb 2012. But somehow she doesn't want to live with me, and she wants a divorce, but she doesn't want to leave UK. She got a boy friend, and currently he lives in Bangladesh and he will be in UK perhaps in January 2010. Probably they will get married. I want their good future. My question is that if she gets a divorce from me, will she be able to live in UK? Please do help me with information and I am badly in need of it.

Your wives Visa became invalid upon your separation. It is a condition of Entry that you live together as husband and wife. Can I ask on what grounds you obtained EC in Sept 2008? As her husband, you are duty bound to inform the Home Office of any change in your circumstances and would suggest you do so immediately.

ukc331 · Sep 23, 2009, 10:16 PM

Originally Posted by lawanwadee

If she passed the ILR test, she can maintain her PR status after divorced.

With all due respect, it is not possible for her to obtain ILR until the following criteria is met:
■already have temporary permission to stay in the United Kingdom (limited leave to remain) as the husband, wife, civil partner, or unmarried or same-sex partner of a permanent resident;
■have lived here for two years in this category; and
■are still married or in a civil partnership and plan to live together.

As Immigration Law is different for the US to the UK, I am not sure if you are applying US rules?