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non-EU spouse rights to live in the UK after divorce

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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claukancat
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Posts: 2
Joined: Tue Oct 06, 2009 2:48 pm

non-EU spouse rights to live in the UK after divorce

Post by claukancat » Tue Oct 06, 2009 3:00 pm

Hello
My situation is quite complicated and I really need some guidence, as I don't really now if there is a way around this.
I'm married to an EU national, I lived with him nearly six years in the UK under the dependant resident permit, we moved to Brazil because hi had a job proposal , but now we are getting divorced, because I lived so many years in the UK, I would like to go back. i've been away less than 2 years from the country.
is there any way I can get a visa as an EU-national ex spouse or something simillar that allows me to go back to the UK?
thanks

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Tue Oct 06, 2009 3:42 pm

You obviously would have received an ILR, four years after the issuing of that Resident Permit, did you not?

You would have been issued with ILR Pre-Directive 2004/38EC rule.

That ILR has condition, that you should not be away from the UK for more than 2 years, have you?
Smooth seas do not make skilful sailors

claukancat
Newly Registered
Posts: 2
Joined: Tue Oct 06, 2009 2:48 pm

Post by claukancat » Tue Oct 06, 2009 5:57 pm

Well, I haven't receive the document you mentioned and Is going to be two years since I left the UK in Nov this year, but when I received the visa they also sent me a letter and the two year period was stated there.
I guess, there isn't much I can do now, is there?
thanks for you reply
I really appreciate it

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Tue Oct 06, 2009 9:30 pm

Yes there is a lot you can do. You lived with you spouse for 6 years in the UK. You are therefore allowed to be granted a permanent resident status. The stamp you were given, is valid for entry into the UK. Can you please confirm the stamp you were given? is it the case that you have lost the passport?
Smooth seas do not make skilful sailors

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