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Retention of right to remain. Non-EEA family member.

Posted: Mon Sep 17, 2012 12:08 pm
by Keyidea
Hello dear experts. Have very simple question.

Married in June 2011 (before lived in Paris for 2 years as partners).
Moved to London in October 2011.
Husband is EEA member.
He started to drink a lot, I want divorce.
I have 5 years residence permit (non-EEA family member) from Jan2012 to Jan2017.
Can I divorce and apply for retention of right to remain in uk, if I have worked in uk since oct 2011, pay taxes and have job contract (earn money by myself)?
It is stated that I can, but is it for sure?

Thank you!

Reply

Posted: Mon Sep 17, 2012 2:31 pm
by ravii
No

Posted: Mon Sep 17, 2012 3:06 pm
by sum1
Your marriage would need to last for at least three years (and one year at least must be spent in the UK).

Re: Retention of right to remain. Non-EEA family member.

Posted: Mon Sep 17, 2012 7:59 pm
by EUsmileWEallsmile
Keyidea wrote:Hello dear experts. Have very simple question.

Married in June 2011 (before lived in Paris for 2 years as partners).
Moved to London in October 2011.
Husband is EEA member.
He started to drink a lot, I want divorce.
I have 5 years residence permit (non-EEA family member) from Jan2012 to Jan2017.
Can I divorce and apply for retention of right to remain in uk, if I have worked in uk since oct 2011, pay taxes and have job contract (earn money by myself)?
It is stated that I can, but is it for sure?

Thank you!
Read article 13 of 2004/38/EC, it specifies the conditions by which one retains the right of residence.