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

Customer Question

Hello.
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.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
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.

Tom
Customer: replied 2 years ago.

1 - yes


2 - 2009


3 - 6 years

Expert:  Thomas replied 2 years ago.
Hi,

Ok, thanks.

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

Tom
Customer: replied 2 years ago.

3 years and 6 months

Expert:  Thomas replied 2 years ago.
Hi

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:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary
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:-
http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Gettingadivorce/index.htm

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.
Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years ago.

What if I got him cheating on me?

Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.

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

Expert:  Thomas replied 2 years ago.
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