UK Immigration Law
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Could you provide a bit more background please
What nationality are you ?
So you have not applied for Permanent Residence, correct?
You apply for a residence card to confrim your right to stay here for 5 years.
At the expiry of the 5 year period you apply for permanent residence.
From your question I understand that you have received 5 years leave to remain (ie. a residence card), but I need to establish what application the solicitor made.
When was the five year stamp dated? When did it start?
Please correct me if I get any details wrong. You received your 5 years residence card on 17/09/2010. You divorced (decree absolute) in January 2011.
Did your solicitor make an application after January 2011?
When did you come to the UK with your wife?Tom
You got your divorce in Jan 2010 and you got your 5 years residence stamp on 17 Sep 2010?
One final thing, do you have any children?Tom
Are you in a relatioship with the father of your child? What nationality is he?
Thanks for your reply.
Peoples only get residence card stamps in their passport if they are married to an EEA national, so I can't see that this is what you have if you were not married at the time unless a fraudulent application for a residence card was sent by your solicitor
Persons are entitled to a retention of treaty rights if prior to the initiation of the divorce proceedings, the marriage has lasted for at least three years including one year in the UK so you would not appear to satisfy this criteria because you were not married for three years
In this event you would not have leave to remain in the country. Having said that if you have a residence card valid for 5 years then this should be sufficient for your employer. It may be that they do not know what they are looking for. I would go and see a local solicitor to examine the stamp in your passport to tell you definitively what rights of residence this gives you. I can't say defninitavely without having it in my hands. If they confirm that it gives you a right of residence for 5 years then you can ask them to write a letter to this effect to your employer.
If it does not then you need to speak to them about making an application for leave to remain in the UK on the basis that your child is a UK citizen and therefore the article 8 rights of family and private life apply to you, the child and the child's father.
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I will answer your follow up questions you may have.
I'm not sure. You should not have received a 5 year residence card if you were still married, but I can't be certain that is what you actually have. You need to show it to a solicitor to confirm.
If this is what you have then you will have no trouble showing it to your employer, you just might need a solicitor to write a letter for you.
If this isn't what you have then you should still be able to secure your leave to remain you will just need a solicitor to act on your behalf. Trust this clarifies please click accept.
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