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I need advise

Posted: Tue Jun 26, 2012 9:57 am
by Jevgenija
Hello
I have a residence card, by the law if i separated with my husband or if he decide to leave the UK, i have to leave UK too. Our daughter is attending primary school, is there any way i can change my immigration status if we separated on the basis of that my daughter is attending school?
'll be very grateful for any help

Posted: Tue Jun 26, 2012 10:40 am
by Jambo
Is the child EEA national?

Another possibility is to retain your own rights.

You can retain your rights if you get divorced and you have been married for at least 3 years and lived in the UK for at least 1 year.

You can't retain your rights if you are not divorced and the EEA national leaves the UK.

Posted: Tue Jun 26, 2012 10:46 am
by Jevgenija
Jambo wrote:Is the child EEA national?

Another possibility is to retain your own rights.

You can retain your rights if you get divorced and you have been married for at least 3 years and lived in the UK for at least 1 year.

You can't retain your rights if you are not divorced and the EEA national leaves the UK.
child is EEA national
We have been together for 10 years, married for 3 years, 2 years in England.

Posted: Tue Jun 26, 2012 10:51 am
by Jevgenija
can we get divorced in England even if the marriage is registered in Estonia?

Posted: Tue Jun 26, 2012 10:53 am
by Jambo
So yes - you can retain residence rights either if divorced and meeting the requirements or based on the child rights.

See more Regulation 10 - in particular - 10 (3)(b), 10 (4) and 10 (5).

Posted: Tue Jun 26, 2012 11:06 am
by Jevgenija
Jambo wrote:So yes - you can retain residence rights either if divorced and meeting the requirements or based on the child rights.

See more Regulation 10 - in particular - 10 (3)(b), 10 (4) and 10 (5).
can we get divorced in England even if the marriage is registered in Estonia?

Posted: Tue Jun 26, 2012 12:32 pm
by Jambo

Posted: Tue Jun 26, 2012 10:13 pm
by zheni
Jevgenija wrote:
Jambo wrote:So yes - you can retain residence rights either if divorced and meeting the requirements or based on the child rights.

See more Regulation 10 - in particular - 10 (3)(b), 10 (4) and 10 (5).
can we get divorced in England even if the marriage is registered in Estonia?


Yes, you can divorce in the UK if you were married abroad. It might take a year to finalise it.
1st you need to lodge a divorce petition and at the same time you need to submit a form outlining the arrangements for the child of the marriage.
2nd papers will need to be served on your husband. If, papers cannot be served on him then the process will take longer or if they are served but he disputes it and so on. If, papers are not served on your husband you will need to show that you have exhausted all methods of tracing him eg by explaining it in an application, then your option is to proceed with service to dipense-where you ask to court to finalise the divorce having exhausted all means to serve papers on the other side.

Hope it works out for you.

Posted: Wed Jun 27, 2012 7:01 pm
by newbee195
it will take about 14 weeks (3.5 months) for whole process of Divorce, if you will do by www.divorceonline.co.uk . My case is same, we did our marriage in Baltic-country, and now we are doing divorce because of our serious personal reasons.