Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
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EEAFamilyMember
- Newly Registered
- Posts: 1
- Joined: Wed Feb 18, 2015 12:53 am
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by EEAFamilyMember » Wed Feb 18, 2015 12:56 am
I am non EU - 28 years old married to a Latvian national and living in the UK. I arrived to the UK 2010 to study a Masters course in Marketing Management on a Student Visa (based points scheme). I finished my course then applied on a 2 years Post-Study work migrant visa then moved on a 5 years permit residence card as an EEA family member which expires on 2019.
I have been living with my wife since November 2010 until August 2015 as unmarried couples from 2010-2013 and Married from 12-3-2013 to date.
I worked for 2 companies when i was on the Post-study visa and since 2014, i have been self-employed - offering education services to international students in the UK.
The reason for my post is to seek immigration and family law consultation. As currently my relationship is on a break down and my wife filed divorce in her home country in Latvia. We have been separated since September 2014 and she filed for a divorce- where i have a court hearing on the 18th of June 2015.
1- I would like to know what would be my chances to retain rights in the UK after divorce ?
2- Would living as an unmarried partners be counted to the duration of being married as we lived all that time in the same house? (We submitted them proves before to the home office when applying for residence card)
3- What if my wife was granted with divorce at the end of the procedures would this affect my position to stay in the UK from immigration point of view ?
4- what are my alternatives in case things didn't go my way?
5- Shall i inform the home office and update them with my status ?
6- Do you think there is a way to delay the divorce procedures until i complete the 3 years duration (March 2016) if divorce was filed in Latvia?
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Universal soldier
- BANNED
- Posts: 524
- Joined: Tue Jul 23, 2013 9:04 pm
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by Universal soldier » Wed Feb 18, 2015 1:46 am
I think you are trapped in such situations where you have no alternative unfortunately. Because unmarried period does not count in retaining right and even for retaining right you need her treaty rights till divorce but she is in Latvia where in her home country those treaty rights cannot be exercised. Inside UK you cannot change into any other visa category.
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el patron
- Member of Standing
- Posts: 335
- Joined: Fri Aug 10, 2012 3:06 pm
- Location: Northern Ireland
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by el patron » Wed Feb 18, 2015 3:59 pm
EEAFamilyMember wrote:I am non EU - 28 years old married to a Latvian national and living in the UK. I arrived to the UK 2010 to study a Masters course in Marketing Management on a Student Visa (based points scheme). I finished my course then applied on a 2 years Post-Study work migrant visa then moved on a 5 years permit residence card as an EEA family member which expires on 2019.
I have been living with my wife since November 2010 until August 2015 as unmarried couples from 2010-2013 and Married from 12-3-2013 to date.
I worked for 2 companies when i was on the Post-study visa and since 2014, i have been self-employed - offering education services to international students in the UK.
The reason for my post is to seek immigration and family law consultation. As currently my relationship is on a break down and my wife filed divorce in her home country in Latvia. We have been separated since September 2014 and she filed for a divorce- where i have a court hearing on the 18th of June 2015.
1- I would like to know what would be my chances to retain rights in the UK after divorce ?
2- Would living as an unmarried partners be counted to the duration of being married as we lived all that time in the same house? (We submitted them proves before to the home office when applying for residence card)
3- What if my wife was granted with divorce at the end of the procedures would this affect my position to stay in the UK from immigration point of view ?
4- what are my alternatives in case things didn't go my way?
5- Shall i inform the home office and update them with my status ?
6- Do you think there is a way to delay the divorce procedures until i complete the 3 years duration (March 2016) if divorce was filed in Latvia?
I assume you mean you were living with your wife until August 2014? Did the co-habitation come to an end because you entered into a relationship with another party? If that were the case you could start the process again now, no need to wait for the divorce from your wife, make the durable partner application now and appeal any refusal and/or make fresh applications with updated evidence etc.