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UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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hi,did get answers months ago regarding my cousins divorce

Resolved Question:

hi,did get answers months ago regarding my cousins divorce plans. can you please let me know where in the constitution that he has the right to be in the country after the divorce.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.

Could you please explain your cousin's situation a bit more?
Customer: replied 5 years ago.
He has been married in the Uk for 3 yrs and not sure if he'll loose his right to live here parmanently if he gets a divorce. What happens after the divorce? What are his options?
Expert:  UKSolicitorJA replied 5 years ago.
Thank you.

What visa does he currently have and what is his spouse's nationality?
Customer: replied 5 years ago.
His spouse is Portuguese and he is on a spouse visa. He was giving 5years 3yrs ago live in the UK.
Expert:  UKSolicitorJA replied 5 years ago.
Good news.

The rules state that:

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:
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,
S/he is a self-sufficient person, or
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.

I would expect you to have been married to your spouse for at least 3 years by the time the decree absolute is obtained and you will therefore have a right to remain in the UK under the above provisions.

I hope this helps. Please click Accept
Customer: replied 5 years ago.
Does that give him an absolute right to remain indefinitely after the divorce? if not what does he have to do to get it
Expert:  UKSolicitorJA replied 5 years ago.
He will have permanent residency after being here for 5 years. This will be automatic. He may apply for a permanent residency card using form EEA4:

Please click Accept
Customer: replied 5 years ago.
on a final note, after the divorce, at what stage do i need to inform the home office of this development. Do i need to fill out a form to carry on with my visa or what exactly happens after the divorce?
Expert:  UKSolicitorJA replied 5 years ago.
You do not need to inform the Home Office as your retained residency right is automatic.

After the divorce, you continue as normal living in the UK.

Please remember to click on Accept
UKSolicitorJA and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
so u mean immediately the divorce goes through it automatically gives residency rights and i don't need to inform the home office of any development? and how long does a divorce proceeding last for? at what stage can he get married again? can he leave the country at any stage ?
Expert:  UKSolicitorJA replied 5 years ago.
Please click accept as your questions have been answered after which I will try and answer the immigration one.
Customer: replied 5 years ago.
do all not come under the same umbrella?
Expert:  UKSolicitorJA replied 5 years ago.
it is normally one question each time, follow up questions allowed if relating to the original query.
Expert:  UKSolicitorJA replied 5 years ago.
Thank you.

There is no legal requirement to notify the UK Border Agency but if he wishes, he may write a letter to them informing them of his intention to continue living in the UK on the basis of retained residence rights.

He may do so after the divorce has been finalised. He must be economically active in the UK to retain the residency right.

The divorce to be finalised can take at least 4/5 months. He can remarry once the decree aboslute is issued.

Good luck. I will close this question now

Customer: replied 5 years ago.
thks you ve been really helpful and i appreciate your time. Hope i can contact you some other times.
Expert:  UKSolicitorJA replied 5 years ago.
You are welcome.

All the best