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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13317
Experience:  Solicitor
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I came into the UK in 2002 on a visitors visa.. got married

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I came into the UK in 2002 on a visitors visa.. got married to an EU National in 2006 got granted resident permint in 2007 based on my Marriage to an EEA national.. We;ve leaved together since we got married.. Over the last 3 year i have had some scrap with the law..
in 2007 I was given a caution, 2008 a conditional discharge and recently was given a one year supervision order which always includes been on tag for 3 month. As a result of all this, it has left a strain on my relationship. My wife is considering filing for divorce next month.. My question is what are my chances of applying independently and also taking into considering my criminal conviction, can i put in a successful claim for Indefinate leave to remain in the UK.. Also I am in my final year at University doing my project atm .. if you require any information please dont hesitate to contact me ..
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 4 years ago.
how long is your residence permit? What were the nature of your offences?
Customer: replied 4 years ago.
the permit was for 5 years and it expires next year in May.. The first offence was for using someone credit card , second offend was similar in nature and the last one was for not stating that i had a previous conviction on a job application i made
Expert:  Senior Partner replied 4 years ago.
As a family member of an EEA national you may retain the right to live here even if the marriage is terminated. As long as you have been married for 3 years and have been resident here for at least one before the marriage dissolution you can continue to retain EEA rights. there is an overriding discretion to refuse you a residence permit at the end of the initial 5 year period on grounds of public policy but such refusal has to be what is called proportionate - it is clear that very serious offences such as rape or murder justify refusal but more minor ones probably do not. So you would stand a reasonably good chance of being able to apply for n indefinite residence permit even if your wife does go ahead with the threat of divorce.

Senior Partner, Solicitor
Satisfied Customers: 13317
Experience: Solicitor
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