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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13322
Experience:  Solicitor
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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: 2 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 here
Customer: replied 2 years 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 2 years ago.
No you will need to submit your passport.
Senior Partner, Solicitor
Satisfied Customers: 13322
Experience: Solicitor
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