Immigrationboards.com

Seeking advice because I am slightly concerned about my lawyer's competence...

I have had a UKRC for almost 4 years, American citizen, used the SS route to gain UKRC and I am currently employed as a secondary school teacher. My husband is a british citizen and has been employed the entire time. We have decided to separate and we have been separated for 9 months. I was told I needed to apply for my retained right, but my lawyer says I cannot apply until I have started divorce proceedings. In Scotland you cannot apply for a divorce until you have been separated for a year.

My husband says that my lawyer is wrong and I need to have my application submitted before the divorce because we no longer live together.

Will waiting until I am divorced have any negative effect on my retained right application? Or is this normal?

Not sure how it works as you are on the SS path with a British spouse, but to be able to retain rights you need to already be divorced and have the divorce decree absolute.

You husband appear to be the one who is wrong. The advise of the lawyer is unimpeachable.

Thank you very much. My soon to be ex husband tends to place doubt and fear in my mind.