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Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I got my 5 years residence documentation through marriage with

Customer Question

I got my 5 years residence documentation through marriage with eea national but we divorced(absolute) after 4years of marriage due to marriage breakdown, we both live together for more than five years and being in relationship for 6years, can i use the visa to travel even though we are no more together? We recently divorced and I'm thinking of going on holiday to cool my brain off. I'm I not going to be harass by immigration officer when coming back to the UK. Do I have any right despite the fact that we are no more together after this visa runs out?
What sort of response i should give when asked about my ex wife?
thank you.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Howard replied 2 years ago.
If you have lived in the UK for at least one year and the marriage has lasted at least 3 years before divorce proceedings were started then you might retain the right of residence. You should be employed or self-employed - in other words, financially self-sufficient. I would recommend that you make an application and get things sorted out before going overseas rather than trying to convince them at the airport that you have retained right of residence and should be allowed to come back in (although it is probably that nobody would even ask).

See 7.1 of the following document:

Call the European Enquiries Contact Centre - 0845(NNN) NNN-NNNN- Monday to Thursday (excluding public holidays) 09:00 to 16:45, Friday 09:00 to 16:30 (excluding public holidays).
Customer: replied 2 years ago.

I still have a year on the current visa.

Expert:  Howard replied 2 years ago.
That is why I said you would probably not be asked anything.
Customer: replied 2 years ago.

In a situation I was ask what sort of response should I prepare for? Does divorce has any effect on residence documentation visa before it expires?

Expert:  Howard replied 2 years ago.
I am not sure what situation might occur where you would be asked but the fact is that you can retain residence based on the criteria I have stated. You should make an application and the first step should be to call the number I have given. Again, I would very much recommend getting this sorted out before leaving the UK.

Many of these situations are not as clear cut as we would like them to be. Your visa was and is based on the relationship so the implications of the end of the relationship should be clear with regard to your visa validity BUT you can retain the right of residence IF you make an application for this. In other words, retaining the right of residence depends on you making an application to retain the right of residence.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

when is the appropriate time i can apply because i still have 12 months visa on it.

Expert:  Howard replied 2 years ago.
Your visa should state that the Home Office should be informed of changes and divorce is obviously such a situation, so you should apply as quickly as possible.

You should supply evidence to show that your wife was working in the UK up to the time of your divorce and evidence of your employment - you need to show that you are self-sufficient.

Once you have completed 5 years in the UK you can probably apply for permanent residence.

Use the following form and look at section 4:

Bonus payments are most welcome.

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