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A Hayat
A Hayat, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 337
Experience:  13 years specialist skill in UK Immigration & Nationality Law
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Hi, I am Austrian, living in the UK and married. My husband

Resolved Question:

Hi,
I am Austrian, living in the UK and married. My husband is a non-EU member. He gained permanent residency status early this year (10 years review period).
Our marriage is not going well and I am planning my divorce. Which consequences would this have on my husband's immigration-visa and his aim to obtain the British nationality? Would it be easy for him to switch visa due to the divorce, so that he can continue working/living in the UK without being dependend on me?
Thank you,
Monika
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  A Hayat replied 6 years ago.

Did you husband gain indefinite leave based on 10 years continous residence, is that what you mean?
Customer: replied 6 years ago.
Hm, I am not sure right now. I know that the vignette states reference to '10 years' in brackets and I recall that the wording is 'permanent residency' rather than something about indefinite leave.
Are there different types available?
Please let me know in more detail if I have to check anything further.


Expert:  A Hayat replied 6 years ago.


Can you clarify the grant of status and on what basis he obtained his status as from the sounds of it, it doesnt seem that it was based on being your dependant or spouse?
Customer: replied 6 years ago.
Unfortunately, I have no access to the exact information you are looking for, just that the vignette in his passport states 'permanent residency' with reference to those 10 years review-period. When my husband applied he had to present evidence not just about himself for the past 5 years but also about me, meaning that my passport, payslips, account slips and utility bills with both our names had to be sent to the UKBA.
His right to work in the UK due to our marriage is based on European law, so far I am aware, rather than on UK as I am Austrian.
Does this help any further? I can't imagine that his case is any different to other people's; so would expect a standard process that applied upon his residency application.
Expert:  A Hayat replied 6 years ago.

If then what you say is correct and your partner holds permanent resident status in the United Kingdom then his divorcing you should not affect his status or equally have any bearing on any future application he makes i.e. for seeking naturalisation.


A spouse of an EEA national who is exercising treaty rights is normally afforded a five year residence card following which they can apply for permanent residency in their own right. After this grant of 5 years, a divorce from their spouse would not affect their entitlement or ability to work or to remain resident in the member state in which they are residing.


Trust this answers your question.


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Edited by A Hayat on 4/6/2010 at 9:16 PM EST
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