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Can someone please clarify something for me....I have read so many post now to try and figure this out but still unsure and the HO keeps telling me something different.

Basically I would like to know if you divorce your EU spouse say on 1st Jan 2010, with your visa still valid till 31st Dec 2011, what is your status in the UK from the day your divorce is final? Are you legally able to carry on living and working?

I have been told by one HO worker I need to apply for Retention of residence straight away after divorce as I'll no longer be a family member of and EU national and by another HO worker that I can stay on my current permit as it's still valid till 2012 as long as I keep working.....

Pretty please....does anyone have a definate answer for me? I do not want to stay on after my divorce (without applying for Retention of residence) if it will be classed as illegal by the HO. btw...I'm in full time employment for the past 5 years.

thank you!

If I get the dates right you were married for 3 years and 1day?

BLK235 wrote:If I get the dates right you were married for 3 years and 1day?

Unbelievable.

The dates I used is hypothetical. I was married for 6 years, lived in the UK for 4 years but me and my ex lived abroad for 1.5 years, breaking up the continuous stay in the UK!

From your number game it appears that you obviously already know about the basic rules. The real question is therefore when was your break and how long have you been in the UK since then?

We got married in July 2002, left the country in 2003 and we came back to the UK in April 2005. We then separated in May 2008.
So since coming back to the UK in 2005 we lived together for 3 years and was married for altogher 6 years. We have been separated for almost 2 years now as I'm waiting to finalize the divorce (he is refusing to sign the papers). We have both been working full time since arriving back in the UK in 2005.

Hope that answers your questions