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HI , i from non eu national from bangladesh got married to…

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HI , i...
HI , i from non eu national from bangladesh got married to eu national estonian on 2007, 30th may and we lived together 3 years and worked in london , its just 3 years 1 month and now she wants to divorce me for unreasonable behaivor , and now i dont know what to do , i have 5 years residence permit till jan 2014 , do i have to inform home office ,, and what will happen to my permit and will i get indefenetive leave to remain now or after 5 years which is 2014. what sort of papaers i need to keep or take from her , or please give full details please , i m very worried and depressed now about this whole situation , my head is not working , dont know how it will work ,.she said she will fill for divorce next week
Submitted: 8 years ago.Category: UK Immigration Law
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6/28/2010
Solicitor: CharlotteSJ, Immigration Solicitor replied 8 years ago
CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Unless you have been here as an EEA dependent for 5 years it will normally be necessary for you to return to your home country if your marriage breaks down. There is an exception.

 

Do you have any children with your wife? If so, have you got custody of them or a court order in your favour?

 

There is a provision in the EEA Regulations 2006 which states:

 

(5) A person satisfies the conditions in this paragraph if-

    • (i) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

      (ii) the former spouse or civil partner of the qualified person has custody of a child of the qualified person;

      (iii) the former spouse or civil partner of the qualified person has the right of access to a child of the qualified person under the age of 18 and a court has ordered that such access must take place in the United Kingdom; or

      (iv) the continued right of residence in the United Kingdom of the person is warranted by particularly difficult circumstances, such as he or another family member having been a victim of domestic violence while the marriage or civil partnership was subsisting.
  • (a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;

    (b) he was residing in the United Kingdom in accordance with these Regulations at the date of the termination;

    (c) he satisfies the condition in paragraph (6); and

    (d) either-
    (i) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

    (ii) the former spouse or civil partner of the qualified person has custody of a child of the qualified person;

    (iii) the former spouse or civil partner of the qualified person has the right of access to a child of the qualified person under the age of 18 and a court has ordered that such access must take place in the United Kingdom; or

    (iv) the continued right of residence in the United Kingdom of the person is warranted by particularly difficult circumstances, such as he or another family member having been a victim of domestic violence while the marriage or civil partnership was subsisting.
    You meet the 3 year requirement and having been resident in the UK for at least 1 year but you don't appear from the information given to meet the last requirements of there being a particular reason for why you should be allowed to remain in the UK.
    There is therefore not much that you can do and you will most likely have to return to Bangladesh unless you can provide a good reason for why you should remain here.
    I hope this answers your question in which case please Accept. If you require any further information, please ask.
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Customer reply replied 8 years ago

as i thought its 3 years marriage stayed and if divorce then home office cant deport me, as the marriage lasted more than 3 years , and i have been living in uk from since 2002 october ,i am paying tax and got good job here in bank , and my life is settled in uk ,i have finished my gradaution here as well where i should get 2 years permit to work and also in 2012 , with my current eu family permit , it will be 10 years , i have spoken to one lawyer today on the phone , he said as far as the marrige lasted 3 years ,home office cant deport or u have to go back , i dont have any children , now i m more confused , dont know

Solicitor: CharlotteSJ, Immigration Solicitor replied 8 years ago

As you can see from the extract outlined above, it is necessary not just to comply with the 3 year requirement but also the requirements in regulation 10(5)(d) which regards XXXXX XXXXX other vulnerable circumstances.

 

If you have spoken to a lawyer today, it is advisable to go back to them and clarify this with them as the rules are quite clear.

 

As soon as your marriage broke down, you stopped complying with the requirements of your visa which permitted you to remain here as an EEA family member. It is now necessary to regularise your stay in order to remain legal by demonstrating to the Home Office that you meet the criteria of another category. If you cannot do this, you will not be able to remain in the UK. Your only option is to try and make a discretionary application arguing why you should be allowed to remain here but it will be outside the rules and by no means guaranteed. You will have to pay a fee of £475 and you will not get this back if your application is unsuccessful.

 

I hope this answers your question in which case please Accept. If you require any further information please Ask.

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Customer reply replied 8 years ago

thanks a lot for your advice , and just now i have called one person who was married to french national and he said the same thing that after 3 years of marriage,, he was also divorced after 3 years , i have rigths to say , but any way , thanks again for your advice .

 

kinds regards

tanvir

Customer reply replied 8 years ago
I have 5 year residence card of an eea family member which will expire in 2013. Now my wife wants divorce. What becomes of me? Will my residence card still be valid after the divorce? Will i be able to stay legally in england after the divorce? Will i be able to apply for a permanent residence after the existing residence permit expires

Read more: http://www.justanswer.com/questions/1n1vv-i-have-5-year-residence-card-of-an-eea-family-member-now-my#ixzz0sBbKS5Jv

6.1 Retention of the right of residence following divorce or annulment of marriage/dissolution of civil partnership

 

A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:

  • the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and
  • the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
  • the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
  • there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.

 

In such circumstances a family member retains a right of residence if:

 

(a) S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,

 

(b) S/he is a self-sufficient person, or

 

(c) S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.

 

now-my#ixzz0sBbKS5Jv this is from ur same website from same website from diffrent solicitor , and more on

 

Solicitor: CharlotteSJ, Immigration Solicitor replied 8 years ago
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