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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7591
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I am originally from Russia, I came to Uk about 7

Customer Question

Hello,

I am originally from Russia, I came to Uk about 7 years ago to study, here I've met my husband, who is french. We got married about 4 years ago and i got 5 year residence visa. Everything was going well till about 3 years into our marriage, when the relationship fell apart and we had move apart. It's been a year since we have seperated. We still didn't get a divorce, because of my visa situation, but now both of us would like to move on with our lives. He's met someone else and so did i.
So the question is, is it possible for me to divorce my husband without losing my current visa, which is valid till 2013 or is it possible to gain some other visa, based on me having all my life here, my job, freinds, etc.?
Or can i divorce my estranged husband and marry my current boyfriend, who proposed to me recently?
Appreciate your help.
Thank you
Katrina
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

Hi,


Thanks for your question.

 

Non-EEA family members of EEA nationals can retain their right of residence in some circumstances

 

Under the Immigration (European Economic Area) Regulations 2006 you will retain a right of residence in this country (ie. a right to stay and work) if

1. the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and

 

2. the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership

 

This is provided that:-

a) You are a non-eea national but are pursuing an activity which would make you a worker/self-employed person if you were an eea-national,

b) You are a self-sufficient person

 

Provided you are pursuing what would be your treaty rights if you were an eea-national (ie. working) you will retain your right of residence and could apply to have this acknowledged by the UKBA.

 

 

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Kind regards,


Tom

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Customer: replied 6 years ago.
so basically, if i am not claiming any benefits, if i am working and pursuing a carreer, then i can file for divorce and retain my visa? We have been married for over three years now, so i guess i can do that now? What are the chances of not being granted a permission to keep the visa?
Expert:  Thomas replied 6 years ago.
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