UK Immigration Law
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Please confirm. Tom
Are you married?
When did you come to the UK and was this on the basis of your relationship with your Polish partner?
Thanks for your reply.
I agree with the solicitor. If they are aware that the relationship has broken down then they would say that your right to remain here has ceased because your visa is based upon your relationship of an EEA national. If that relationship ceased, then the basis of your visa would also ceased.
IN such circumstances married spouses can retain their right of residence once they have been in the country for one year and married for the preceding three years. You relationship is that of an unmarried partner, so your solicitor is advising you to reach the third year of your relationship and then apply to retain your right arguing that you should be afforded the same rights as a married person would have despite the fact that you are an umarried partner. I agree.
You may have difficulty coming in and out of the country if the UKBA know that the relatiosnhpi has broken down, so you should establish if your partner has informed them and certainly refrain from disclosing the fact to them yourself.
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I will answer your follow up questions you may have.
It's a lottery. If they are certain the relationship has ended then they may prevent you from re-entering.
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