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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello. I am an European Citizen and I am married to a foreign.

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I am an European Citizen and I am married to a foreign. My husband has a VISA in which will expire in a few years and he got the VISA because of me. Now we are getting divorced because I believe he is only married to me because of my documents, passport. He has already said that he will only stay married with me if I give him the European passport. I would like to know if he can still get the European citizenship even if we get divorced and also if I can stop him from getting the VISA again. Thank you.
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Are you in the UK
2. When did you marry
3. How long have you been in the UK
Kind regards.

Customer: replied 4 years ago.

1 - yes

2 - 2009

3 - 6 years


Ok, thanks.

How long has your husband been in the UK since you married - the whole time?

Customer: replied 4 years ago.

3 years and 6 months


Thanks for your patience.

It’s likely that in the event of divorce that your husband may be able to apply for a retention of his treaty rights to remain in the UK on his own regardless of the fact that he may not be married to you at the time.
Please refer to the following link at 6.1 for the requirements that he needs to meet in order to do this:-
If you have been married to him for a period of three years by the time the initial divorce petition is issued then he can apply for the retention, if you have not then he can’t.
If he retains his rights then it’s possible that eventually he could get citizenship unfortunately.
Therefore, If you married in October 2009 or earlier then he can apply for his retention even if you were to issue a divorce petition now. If you married later than that in 2009 then provided the Court issues your divorce petition before the date in 2012 when you were married then he will not be able to apply. Therefore, if you married later then October 2012 and you want to prevent him retaining his rights then you need to petition for divorce immediately. Info on divorce here:-

If you consider that he has not considered the marriage genuine then you can inform the UKBA but they will not curtail his visa unless you have incontrovertible proof that he did not consider the married to be genuine, so it’s very difficult.
I am sorry that you find yourself in this situation and you have my sympathies,

If your son is a cash buyer then he can grant you what ever tenancy he likes though.
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Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

What if I got him cheating on me?


That would not mean that he could not apply for the retention of his treaty rights I'm afraid.

You may be able to argue that it shows that at the present time he does not consider the marriage to be genuine, but to have change of preventing his retention of rights you would have to show that he did not consider it genuine over a much longer time I'm afraid.

I have to go offline for about 30 mins now, if you have follow up questions will answer them once I am back online..

Kind regards,

Customer: replied 4 years ago.

Can he give one of his family member permission to come to UK and live here?


He can only give permission to any future wife or child. He can give permission to his parents but only if they are dependent upon him.


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