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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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I got married to a EU citizen in dec 2013, got my EU permit

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hello I got married to a EU citizen in dec 2013, got my EU permit in Sep 2015 as was refused in first place now things between us are not going very well, what is going to happen to my legal status considering the current regulations and brexit etc
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: no I haven't
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thanks, ***** ***** my question. as it will give me an idea of my situation

Hi

Thanks for your patience.

Have divorce proceedings started yet?

Tom

Customer: replied 6 months ago.
No it hasn't yet. and I am working as self employed since Aug 2016
Customer: replied 6 months ago.
I apologise as earlier I mentioned I got EU Permit, whereas it's EEA2 residence permit valid from Sep 2015 till Sep 2020.

Hi

Thanks for your question. I will try to help.

If divorce proceedings have not commenced yet then you would be eligible to apply to retain your treaty rights when they are.

Usually when an EEA citizen divorces a non-EEA citizen on a family permit a non EEA citizen loses their right to stay in the UK.

However, under the Retention of Treaty Rights Rules, if you have been married for three years and have lived one of the years in the United Kingdom together by the time that divorce proceedings have commenced then the non-EEA national can apply to retain their rights.

This means that you would make an application so that you would be able to stay in the UK after you have retained your rights up to the period of time that you need in order to apply for permanent residence.

You would have to apply to retain your treaty rights only once divorce proceedingss have commenced and can do so using the following form:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/528255/EEA_FM__06-16.pdf

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 6 months ago.
There's still a bit of grey area for me! Can I apply for the retained right of residence as soon as our divorce proceedings are commenced or do I have to wait until divorce is officially over?

You can apply as soon as divorce proceedings are commenced. You do no have to wait until you are legally divorced.

Please remember to leave feedback.

Tom

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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