Post
by kamoe » Sat Feb 09, 2019 1:05 pm
It is my understanding that, since you lived in the UK for more than a year with your husband, and since your marriage lasted more than 3 years, you could qualify for a Retained Right of Residence card. However, for this, you need to be legally divorced, and you need to be residing in the UK at the time of termination of the marriage.
It is also my understanding that there is no route to apply for an RC as a separated-only spouse. Although as a separated spouse you still have the right to reside in the UK if the marriage has not officially ended, to renew your card, you have to do it either as a wife (husband documents and proof of continuous relationship are needed) or as ex-wife (decree absolute is needed).
Note that I am not a qualified immigration professional and this is only my best understanding of the legislation. I strongly advise you to get in touch with a qualified solicitor. Not only for the above but also because if you can no longer provide your husband's documentation, then your case -although not impossible- might take some time.
Now, you might also want to strongly consider if renewing your RC is the best route for you. Since your marriage ended and your children will all be adults within a year, and will presumably lead independent lives, a caseworker might consider that the center of your life is not really the UK. In that sense, to see your children you should normally apply for a visitor's visa, or have your children visit you in Belgium.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
