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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello. I am Russian and I have EEA family permit for 5 years

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Hello. I am Russian and I have EEA family permit for 5 years exp 06.2014. I have been working since 04.2009 ( I had visa before The EEA Family permit) My husband is Bulgarian and he is a student at the moment doing NVQ customer service for 1 year in order to apply for the blue card. (He has student yellow card now)And he works full time in customer service field. We are married since 05.2008. Our relations not very well at the moment and I want to know my rights in case of divorce and in case he does not want to help me with my documents.


Thanks for your question.

If you are divorced from your husband then you should instruct a solicitor to apply for a Retention of Treaty Rights. This is confirmation of your right to remain in the UK. Please see 6.1 on the following link for confirmation:-

Provided that you have been married for a period of three years before divorce proceedings are issued and have remained with your husband in th UK for a period of one year before this time then you will be able to apply to have your right to remain in the UK under your residence card continue.

You must also be working to obtain this.

Once divorce proceedings are issued you should see a local solicitor about applying to have your rights under your residence card retained, you would have to prove the length of your marriage and time in the UK but presumably you can do this without your husband’s input and so shall be able to claim without assistance from him.

At the end of this time you should be able to apply for Permanent Residence once you have been in the UK for 5 years.

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Kind regards,

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