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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6589
Experience:  BA (Hons), PgDip, Practising Solicitor
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l have marry for four years now and we both were together for

Resolved Question:

l have marry for four years now and we both were together for those years now saparated for while my husband want divorce how can l get my indifinate stay
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi,

What nationality is your husband?

When did you obtain a spouse visa (if this is what you got)?

Tom
Customer: replied 1 year ago.

my husband natianality is potogise and obtain the visa 2009

Expert:  Thomas replied 1 year ago.
Hi,

So, you applied for a Family Permit as the non-EEA spouse of an EEA national, correct?

Have you lived in the UK since 2009?

When did you marry?

Tom
Customer: replied 1 year ago.

yes,we both, lived here since then. and we marry 2007

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


If your came here on a family permit and have now obtained a residence card then if you divorce you can probably retain your right to reside in the UK.

Please refer to 6.1 of the following UKBA guidance:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary

You will see that if you have been married for three years and have spent at least 1 year in the UK whilst your spouse has been exercising their treaty rights by working here then you can make an application to retain your rights of residence when you divorce.

You will need a solicitor to prepare your application for you and you can only submit it once divorce proceedings have been commenced.

This means that you will be able to stay for the duration of your residence card and once you have been here for 5 years continuously you can apply for Permanent Residence.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Customer: replied 1 year ago.

thanks Tom,that means l have to wait till the start date of the 5years is due before l can made the application or as soon as the divorce paper is ready any moment from now

Expert:  Thomas replied 1 year ago.
Hi,

If you do not divorce until you have lived in the UK for 5 years then you can apply for Permanent Residence.

If you issue or are issued with a divorce petition then you will have to make an applicatoin to retain your rights of residence first and then apply for Permanent Residence later once you have reached your 5 year point.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.

thanks,that means the application l will made on the base of divorce is not permanent residence

Expert:  Thomas replied 1 year ago.
Correct. When you divorce you do not apply for PR. Instead you apply for the retention of your treaty rights so that you can continue staying here even though you are divorced.

Then once you have done this you can apply for PR once you have reached your 5 years in the UK.

Please rate my answer.

Tom
Customer: replied 1 year ago.

thanks tom,so that means immediatly the divorce paper is ready you need to let homeoffice know,.what are your chances to get your PR stay

Expert:  Thomas replied 1 year ago.
Hi,

Once the divorce petition has been issued by the Court you need to see a local solicitor. They will apply to the UKBA for you.

Please rate my answer now. You will appreciate that I have answered your question.

Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6589
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Family Law Specialists are ready to help you

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Thomas
Thomas
Solicitor
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BA (Hons), PgDip, Practising Solicitor