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Hi. I am from Denmark, and my wife is from the US. We currently live in the UK, and have done so for just over 2 years. If we divorce, will she be able to stay in the UK?

Anyone? Did I post in the wrong section?
Thank you.

fromdenmark wrote:Anyone? Did I post in the wrong section?
Thank you.

It depends of how long you guys have been married. If you have been married for at least 3 years, she would be able to retain residence rights. For more information, please check section 5.4 of the following document:

https://www.gov.uk/government/uploads/s ... apter5.pdf

Hubba wrote: It depends of how long you guys have been married. If you have been married for at least 3 years, she would be able to retain residence rights. For more information, please check section 5.4 of the following document:

https://www.gov.uk/government/uploads/s ... apter5.pdf

We have been married for just under 3 years at the moment. It will probably be 3 years by the time we figure out what to do, and if that is the solution.

So if I understand it correctly, she can stay as long as we have been married for 3 years, and lived at least 1 year in the UK, and she is working or looking for work (she currently works 8 hrs a week), even if I do not live in the UK anymore?

fromdenmark wrote:

Hubba wrote: It depends of how long you guys have been married. If you have been married for at least 3 years, she would be able to retain residence rights. For more information, please check section 5.4 of the following document:

https://www.gov.uk/government/uploads/s ... apter5.pdf

We have been married for just under 3 years at the moment. It will probably be 3 years by the time we figure out what to do, and if that is the solution.

So if I understand it correctly, she can stay as long as we have been married for 3 years, and lived at least 1 year in the UK, and she is working or looking for work (she currently works 8 hrs a week), even if I do not live in the UK anymore?

What matters is how long you have been married before the divorce's decree absolute. She can stay here even if you don't live here anymore, as long as she's either working, looking for work, studying or as a self-sufficient (basically, as if she was exercising Treaty Rights).

Hubba wrote:

fromdenmark wrote:

Hubba wrote: It depends of how long you guys have been married. If you have been married for at least 3 years, she would be able to retain residence rights. For more information, please check section 5.4 of the following document:

https://www.gov.uk/government/uploads/s ... apter5.pdf

We have been married for just under 3 years at the moment. It will probably be 3 years by the time we figure out what to do, and if that is the solution.

So if I understand it correctly, she can stay as long as we have been married for 3 years, and lived at least 1 year in the UK, and she is working or looking for work (she currently works 8 hrs a week), even if I do not live in the UK anymore?

What matters is how long you have been married before the divorce's decree absolute. She can stay here even if you don't live here anymore, as long as she's either working, looking for work, studying or as a self-sufficient (basically, as if she was exercising Treaty Rights).

Oh okay thank you. I was wondering... we got married in Denmark (where I am from) but live in the UK. Do we need to, or can we, do the divorce through Denmark, or does it need to be in the country we live in?

So if I understand it correctly, she can stay as long as we have been married for 3 years, and lived at least 1 year in the UK, and she is working or looking for work (she currently works 8 hrs a week), even if I do not live in the UK anymore?[/quote

You will also be require to be present in the UK exercising treaty right from biginnig of divorce till divirce is finalise.

fatimahh wrote: You will also be require to be present in the UK exercising treaty right from biginnig of divorce till divirce is finalise.

Does that normally take a long time?