How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Senior Partner Your Own Question

Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13234
Experience:  Solicitor
Type Your UK Immigration Law Question Here...
Senior Partner is online now
A new question is answered every 9 seconds

Deportation

Resolved Question:

I have been in the UK since 2002. Got married to an EEA national in 2004.. got divorced in 2012. However I am yet to apply for my indefinate leave to remain as am waiting to get a replacement passport.. My question is, as a result of been divorce will the government consider me to be an illegal immigrant? or can i be deported?

Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 10 months ago.
Thank you for your question. What basis are you here? what visa/permit do you have? Are you here as the family member of an eu citizen?
Customer: replied 10 months ago.

I was issues a 5 year residence permit which expired in 2011... And yes am here as a family member of an EU citizen.. please note that i have carried out a divorce based on dessertion for 2 years

Expert:  Senior Partner replied 10 months ago.
Ok . There is no risk of you being deported. If you have lived here for 5 years as a family member of an EU citizen then you are entitled to permanent residence, The fact that you subsequently got divorced is not really relevant. In any event when you have been her for a substantial period even if you get divorced you may be permitted to stay. The only issue likely to be raised is that you may need to show that your ex was exercising EU rights when your 5 years residence expired but given your length of stay you should not have a problem. Even if they refused to give you a permanent residence certificate you could resist deportation and having been here for 10 years or more legally you can get settlement anyway.
Customer: replied 10 months ago.

One problem is i'll have great difficulty in proving my wife was exercising treaty rights as she refuses to cooperated with me. She has since returned to her country hence my reason for divorcing her as i wish to continue with my life. What are the chances of getting a settlement or ILR without been able to prove she was exercising treaty rights?

Expert:  Senior Partner replied 10 months ago.
When did she leave? IF you have been here for 10 years lawfully then you can apply for ILR under the immigration rules but your 5 years as the family member of an EU national should have been completed in 2009 so provided you can produce some evidence that she was here and working you should not have a problem. I would start by asking for a certificate of permanent residence - see herehttp://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/
Customer: replied 10 months ago.

She left in 2008/09.. can i apply whilst i wait for my passport or i have to submit my passport as well

Expert:  Senior Partner replied 10 months ago.
No you will need to submit your passport.
Senior Partner, Solicitor
Satisfied Customers: 13234
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience