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Category: UK Immigration Law
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Experience:  Solicitor
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Hi i came in uk 2002 october as student and then married

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Hi
i came in uk 2002 october as student and then married to an eu nation estonian in 2007 and now 2010, we have been married more than 3 years and lived in uk , she seems to thinking to divorce me , i have family residence permit till 2014 and in 2012 i wil be in uk 10 years ,but some one said 10 years rule not apply to me as i have eu family residence permit, which is eu law , but 10 years rule says staying in uk lawfully 10 years ,so my questions is can i apply for indefinative after my 10 years in 2012 october , while i am married and aslo what if i get divorced and then can i apply in 2012 october , so not sure full advice will be helpful in marriage scenario and divorce senario how it will effect my 10 years law or that eu family national cant aplly for 10 years law , to get indefinate and if i get divorce how long does it take to get separation visa from home office to keep my 2014 permit . and other advise or sugeestions thanks

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Customer: replied 5 years ago.


Hello,
its ok, thanks for the reply , yes i will be greatful if i can get an answer of my questions please , thanks ,
Hi thanks for your question. The position is quite complicated. At the moment you are dealt with under the EU rules and are not subject to the Immigration rules. So you basically have the right to be here and do not therefore require indefinite leave to remain. If you get divorced then you do not necessarily automatically lose the right to reside here and depending on the circumstances you can be granted permanent residence anyway.you have a right to apply for permanent residence after 5 years residence as an EU family member. If your EU residence permit was withdrawn for any reason including divorce then you would fall back into the immigration rules and could apply for indefinite leave under those rules after ten years residence. you residence as an EU family member would count as it was lawful residence.

Unless you have at any point been in breach of the immigration rules or guilty of any criminal offences I think it unlikely that you would be refused both r permanent residence as an EU family member or indefinite leave to remain - you would be eligible to apply for uk nationality in 2012 after 5 years Eu based residence anyway.

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