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Andrew
Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
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I got married in 2007 to an EEA national in the uk as a result

Customer Question

I got married in 2007 to an EEA national in the uk as a result got a 5 year EEA resident permit which expired in April 2011. we stayed together for over 3 years and then all of a sudden her behaviour changed towards me. one day i came home and she wasnt no where to be found. I tried calling her she didnt reply. i have tried everything possible to contact her in other to save our marriage she just wouldnt have it. Before she left the country we had some arguement but i didnt think it will lead to her leaving me. I am in a situation where i know in other to apply for an indefinate leave to remain i need her to be part of the process. I am thinking of divorcing her because i need to move on in my life. Can i divorce her and still apply for an indefinately leave by myself? please i need all the necessary advice possible. Thanks.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 5 years ago.

Andrew :

Hello and thank you for your question. You could retain the right of residence after your divorce if your wife was exercising treaty rights (eg was a worker) at the time of the divorce. You would then need to make an application for retained right of residence under reg 10 of the 2006 regulations and art. 13 (2) of the Citizens Directive.

Andrew :

Please could you click accept to ensure that I am reimbursed for this answer

Customer :

what are the chances of applying for an indefinate leave. Considering i'll need to prove that ive been with my wife for more that 3 years. shes not willing to help me in the process at all. and i know i'll need some information from her like her payslips to prove that she was working in the uk. what do you advise i do

Andrew :

I think it will prove difficult to get permanent residence as you will need to show 5 years residence in accordance with the regulations and retain the right of residence on expiry. If retaining on account of divorce you will need to show that you have been married for at least 3 years and spent at least 1 year in the UK. I would advise that you seek professional legal help with making the necessary applications. Please also click accept if satisfied with this answer.

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