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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11613
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I entered into UK in November 2002 on student visa. I got

Customer Question

I entered into UK in November 2002 on student visa.

I got married (Civil Partnership) in August 2007 with an European National. I then got 5 year residence card as the civil partner of an EU national on 2007.

I got divorced on 2008.

I have been in this country for 9 years now. And my Residence Card (Visa) is expiring next year August.

What options do I have to apply for ILR?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.



Is your former European National Partner still in the UK?

Customer: replied 5 years ago.
I believe so. As I am not in touch with her anymore.
Expert:  INC replied 5 years ago.



You have one option at this stage depending on when your EEA Residence Permit expires.


Firstly, you should be able to apply for Indefinite Leave to remain (ILR) at the end of the 5 year residence visa if you can prove that your partner was exercising treaty rights in the UK. The fact that your marriage has broken down makes it more difficult, however, you can apply for a Witness Summons which means that the Tribunal will order your former partner to give evidence.


Secondly, if you could extend your visa or switch into a different category before November 2012 which would then mean that you have been in the UK for a period of 10 years or more legally and would thus be entitled to apply for ILR based on 10 years long residence.


Whether you can switch or extend very much depends on your personal case and I would strongly suggest you take advice from a suitably qualified solicitor or OISC Immigration Advisor.



If you wish to discuss, please feel free to ask further questions.


Kind regards,



Customer: replied 5 years ago.

Could you please confirm?


I stayed in the country even after the marriage broke down on which basis I had got my 5 years resident permit. I did not inform Home Office about the dissolution. My current stay - does is still count as lawful stay?



Expert:  INC replied 5 years ago.



Your current stay in the UK is not unlawful as you have a valid leave to remain.


Your situation is difficult because your marriage has broken down, although it is not impossible. The fact that you have not informed the UKBA may be an issue, but not something that can not be overcome.


I would suggest that for now you continue as you are until summer of 2012. You should then start to take advice on what would be the best options for you.



If you wish to discuss, please feel free to ask further questions.


Kind regards,


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