# Indefinite leave to remain UK



## simon67 (Jan 5, 2013)

married to british woman with indefinite leave to remain in uK, she wants o divorve me and revoke my permit,,, is that possible???


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## Joppa (Sep 7, 2009)

simon67 said:


> married to british woman with indefinite leave to remain in uK, she wants o divorve me and revoke my permit,,, is that possible???


No she can't. Unless you've obtained ILR by fraud, have committed a serious offence or are deemed a danger to national security etc, your status is secure.


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## simon67 (Jan 5, 2013)

*Thanks & more questions*



Joppa said:


> No she can't. Unless you've obtained ILR by fraud, have committed a serious offence or are deemed a danger to national security etc, your status is secure.


Thank you JOPPA,

Maybe you aso can tell me about this, 

When I got my Indefinite Leave to Remain, at the UKoffice I was told that I can get my english passport after exactly one year, would this change if i divorce her???

And how long can I be out of england having a ILR??

thanks again

Simon


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## Joppa (Sep 7, 2009)

simon67 said:


> Thank you JOPPA,
> 
> Maybe you aso can tell me about this,
> 
> When I got my Indefinite Leave to Remain, at the UKoffice I was told that I can get my english passport after exactly one year, would this change if i divorce her???


Unless there are compssionate grounds, such as being a victim of domestic violence, you now have to live in UK for 5 years, so you have to live for two more years before eligible for naturalisation.



> And how long can I be out of england having a ILR??


Up to two years. There are some concessions, such as living abroad as part of your job with UK employer, looking after sick relatives etc, but it's best not to be away longer than 2 years. Coming back for holidays etc won't reset the clock - you have to come back with the intention of resuming permanent residence.
Remember also that for naturalisation, there are limits on absences abroad - no more than 270 days in 5 years and no more than 90 days in the last year.


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## nyclon (Apr 3, 2011)

Joppa said:


> Unless there are compssionate grounds, such as being a victim of domestic violence, you now have to live in UK for 5 years, so you have to live for two more years before eligible for naturalisation.




If he already has ILR then presumably he is under the old rules. Doesn't that mean he is eligible for citizenship after 1 year on ILR?


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## Joppa (Sep 7, 2009)

nyclon said:


> If he already has ILR then presumably he is under the old rules. Doesn't that mean he is eligible for citizenship after 1 year on ILR?


Yes, if he stays married. But they are talking about divorce, and once that's through, he will need five years in UK, with one year on ILR. So assuming he got ILR after 2 years in UK under the old rules, he needs three more years, five in total, before eligible for naturalisation.


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## nyclon (Apr 3, 2011)

Joppa said:


> Yes, if he stays married. But they are talking about divorce, and once that's through, he will need five years in UK, with one year on ILR. So assuming he got ILR after 2 years in UK under the old rules, he needs three more years, five in total, before eligible for naturalisation.


Ok. Thank you.


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