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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Iranian national who is married to a Cypriot man

Customer Question

I am an Iranian national who is married to a Cypriot man for 4 years now, which We have been living in the uk since may 2014, I am working full-time permanent, I came in the uk on an EEA family permit which then I received my EU residents card September 2014, I would want to know my visa status in the case of divorce as I am facing difficult times and my husband is always using my visa dependency as a matter of putting pressure and controlling me in one occasion I have reported domestic abuse to police and got him arrested for few hours but then I didn't put statement against him because his mentally disabled.
He has permanent residency in uk he doesn't hold uk passport but was in the country since he was one year old now his 55.
Kindly advise in the case of divorce what would happen to my visa?
Thank you
Submitted: 9 months ago.
Category: UK Law
Expert:  Thomas replied 9 months ago.


Thank you for your question and patience, I’m Tom and I’ll try to help you.

If divorced proceedings were issued then you would have to apply for “Retained Rights of Residence. This is available in certain circumstances to non-EEA spouses who are in the UK under a residence card.

Please refer to “Retained rights of residence” on the following link for confirmation:

You will see that your circumstances appear to qualify you for this, although divorce proceedings have not yet been issued so you would not be able to apply for this until they are.

If and when divorce commences then you would have to apply in the way described. Your residence card will be re-issued to you on a retained rights basis. This would mean that you can remain in the UK independently from your spouse.

It would also mean that once you reach 5 years in the UK you can apply for permanent residence which is the right to stay in the UK permanently without applying for any further residence cards or making any further applications.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,


Customer: replied 9 months ago.
Hi, thank you for your reply, he has been seeking advise from solicitors and apparently they told him if he leaves UK I would be forced to go with him or deported back to my country is that right?
What options have I got if this happens?
Expert:  Thomas replied 9 months ago.


Yes, that would make it much more difficult for you.

If I were you I would have a consultation with local family/immigration solicitor about commencing divorce proceedings and applying to retain your rights of residence as soon as possible. Once an application is in you are in a much better position.
Please do remember to leave positive feedback


Customer: replied 9 months ago.
Thank's again I have been researching online and in most cases the EEA MEMBER was not a permanent residence! Would it make a difference that he is actually a permanent residence of UK? In tge case if he leaves the country?
Expert:  Thomas replied 9 months ago.


No, you could still apply if he had permanent residence.

If he leave the country, it's bad news and this is why you should strongly consider acting quickly.


Customer: replied 9 months ago.
Ok, thanks could you please advise whether I should start the divorce proceedings? And in the case he leaves after the divorce proceedings was started then what my status would be? Wouldn't I be deported on the ground that he is no longer in the UK?
Expert:  Thomas replied 9 months ago.

I would strongly consider starting divorce proceedings but ONLY after you have seen a solicitor locally for a consultation.

If he left the UK after divorce proceedings then your application to retain your treaty rights may (may) be rejected.
Please leave feedback


Customer: replied 9 months ago.
basically if he leaves the UK before divorce proceedings or after the proceedings starts It would be difficult for me to obtain a retain right of residency.
Is there any circumstances that I could get another kind of visa to stay. Im working full-time and my job is permanent.
Or would I get a time to apply for another kind of visa? Could it perhaps be another marriage visa with a British citizen?
Expert:  Thomas replied 9 months ago.

Yes, it would make is much harder for you.

Your options are very limited if you are not able to retain your rights, hence the urgency.

If you were to marry a UK citizen then you could potentially apply for a spouse visa, but you would have to be divorced before you did this and you may potentially face deportation proceedings before this if the home office became aware:


Expert:  Thomas replied 9 months ago.


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.

Kind regards,


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