Spouse Visa after Divorce From Eu partner

Hi, can someone help me please.
I live in the UK since 2003, first I was a student and then I’ve got married in February 2006 and granted a 5 year spouse Visa, which will expire in 2011. I have never bothered to get the ILR after 2 years of married as my wife is Italian and I would have the right to became a Italian citizen after 3 years of married, even living in the UK, but now we want to get divorced and the Italian citizenship is not ready yet nor I got my ILR. What I wanted to know is if I should get the ILR before I get divorced or if I can divorce and get the visa even if I am divorced. I am pretty settled here with a good and stable job, so did not want to leave yet.
Thank you[/b]

Chaves wrote:Hi, can someone help me please.
I live in the UK since 2003, first I was a student and then I’ve got married in February 2006 and granted a 5 year spouse Visa, which will expire in 2011. I have never bothered to get the ILR after 2 years of married as my wife is Italian and I would have the right to became a Italian citizen after 3 years of married, even living in the UK, but now we want to get divorced and the Italian citizenship is not ready yet nor I got my ILR. What I wanted to know is if I should get the ILR before I get divorced or if I can divorce and get the visa even if I am divorced. I am pretty settled here with a good and stable job, so did not want to leave yet.
Thank you[/b]

Do you have any links to support that?Where this information from?

OP is 100% correct. It would have been reduced to 18months if they had a child together and lived overseas and 1 year if they had a child and lived in Italy together.



OP in regards to your question, you might be able to retain your right of residence if you and you wife have been married for 3 years or more, and has lived in the UK at least a year of those 3, and you can prove that up to the time you marriage was fully dissolved she was a qualified person in the UK

ld10 wrote:

Chaves wrote:Hi, can someone help me please.
I live in the UK since 2003, first I was a student and then I’ve got married in February 2006 and granted a 5 year spouse Visa, which will expire in 2011. I have never bothered to get the ILR after 2 years of married as my wife is Italian and I would have the right to became a Italian citizen after 3 years of married, even living in the UK, but now we want to get divorced and the Italian citizenship is not ready yet nor I got my ILR. What I wanted to know is if I should get the ILR before I get divorced or if I can divorce and get the visa even if I am divorced. I am pretty settled here with a good and stable job, so did not want to leave yet.
Thank you[/b]

Do you have any links to support that?Where this information from?

It's true, pretty archaic, Ireland used to do it too. I'm surprised the EU hasn't made a ruling to outlaw it..

Thanks for that, she is a very qualified person and I am too, do I have to prove that even knowing that I have never depended on her?
I could not find the instructions of how to do that nor a form to fill on the UK border or Home Offcice website, would I have to get a lawyer for that?
Thank you