UK Immigration Law
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Thanks for your question.
How long have you been in the UK?
What permission do you currently have to be in the UK?
One final question, when was your EEA Family Permit granted?
Thanks for the additional information.
If you have been living in the UK on an EEA Family Permit since 2008 and the marriage is no longer subsisting, you should be able to apply for ILR at the expiration of your 5 Year Residence Permit, provided you can show that your partner was exercising treaty rights in the UK.
Treaty rights refer to any of the following:
If you are unable to show that your Partner was exercising treaty rights in the UK, I am afraid that this will be a problem.
If you know where your Partner is, your solicitor may be able to submit an application for Witness Summons, that is if the matter goes to Appeal. If your former partner cannot be located, it may prove difficult.
If you wish to discuss, please feel free to ask further questions.
You may have problems with this and may wish to consider instructing a Investigator to find him. Some companies even carry out the work on a no find no fee basis.
No that is not the case. If you apply under the EEA regulations, you will need to meet the requirements of the rules as I have set out above.
Alternatively, you can apply under the Immigration Rules. Under the Immigration Rules, if you have been living in the UK lawfully for a period of 10 years or more, you can apply for indefinite leave to remain.
For further details, click on the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter18/
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