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EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 204
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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, 26 years old male came to uk in 2013 on eea extended

Customer Question

hi
JA: Thanks. Can you give me any more details about your issue?
Customer: 26 years old male came to uk in 2013 on eea extended family visa for six months
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Submitted: 9 months ago.
Category: European Law
Customer: replied 9 months ago.
hi
Customer: replied 9 months ago.
hi i am 26 male from pakistan i came to uk as EEA extended family member 2013 november on 6 month visa .when i comleted 6 months visa i applied for 5 years visa which i granted that is going to be expire in june 2019 .but my brother and EU sister in law fall apart and got divorced in 20th november 2014. so what is my status now and whats next now
Customer: replied 9 months ago.
first EEA extended family visa granted 31/10/2013 6 months
extention visa for 5 years from 30/04/2014 to june/2019
my brother divorced EU lady in 20th november
Customer: replied 9 months ago.
divorced date is 20th november 2014
Expert:  EULawyer replied 9 months ago.

Dear Sir,

I am sorry for your situation. The good thing is that you may apply to remain in the UK on the basis of a 'retained right of residence', even if your brother got divorced. One of the following must apply:

1. the marriage lasted at least 3 years before legal proceedings began and the couple lived in the UK for at least 1 year before the divorce was finalised;

2. he has custody of a child;

3. he has access rights to a child, provided the child is under 18 and a judge has ordered that access must take place in the UK;

4. you, or a family member, have been a victim of domestic violence during the marriage or civil partnership, or there are other particularly difficult circumstances which justify retaining the right of residence.

If any of these apply to you, the application process is explained here: https://www.gov.uk/family-permit/apply . On point 7. (retained rights of residence) you will find the confirmation of what I have said above. Note that you will need, in particular, the divorce document of your brother.

I hope my answer was useful and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

Customer: replied 9 months ago.
hi dear Dr I L Vlad
sorry for late reply but let me explain you my situation so you can understand full picture so i can get exactly right outcomes .i have to different solicitors for advice and they all different .my brother he came to uk 2006 from pakistan and then he got married at 11/aug/2009 with a lithuanian lady and lived togather up to february 2014 and then 20th november 2014 got divorced . but my brother wife applied for me in 2012 as EEA extended family member from pakistan . first its been refused and then in appeal i granted my visa for 6 months and i came to uk around in september 2013 and i lived with my brother and sister in law for almost 6 months and then they got seprated but i applied for xtention and got 5 years visa .
my brother applied for retained rights to permanent residence but refused but he is in appeal at the moment .1-whats is my stautus as extended family member when my brother marriage is dissolved
2-what basis i can apply for further stay
3.if my brother get decline in his appeal then what will happen to my visa as aextended EEA family member and if he got his apeal and get his retain rights then whats is the next step for me as extended family member
4- at the moment if i have got 5 years visa can i travel outside of the country as a extented family member though my brother is no more with EU national .please this is the complete situation of my case if u have any further question please ask before giving me a opinion . i will be very great full thanks .
Customer: replied 9 months ago.
i will be very great if you can answer my questions thanks

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