Non-EEA spouse, divorce from EEA spouse and ILR

[SofiaM]

Hi everyone,

I read the following thread carefully http://www.immigrationboards.com/viewtopic.php?t=14240 and have a few questions which I need clarified please.

I am an EEA member and my husband isn't. He is here as a dependent on me and we have split up after 3+ years of marriage and 1+ year in the UK together. I have filed for divorce, but he failed to sign so far, as he is scared he might not be able to retain his right to stay here and then ultimately get his leave to remain or permanent residence.

I just wanted to make sure that he actually does have the right to remain and get himself indefinite leave after his current visa expires.

I assume i will have to be divorced for him to actually get the right to retain stay?

Thanks everyone

[John]

Well not ILR, but the EU equivalent of PR ... Permanent Residence.

Referring to the topic you provided a link to, I wrote in that. If you won't take the message from me, please take in from the UKBA instructions to staff dealing with European applications .... click here.

In particular read 6.1. There are 4 bullet points listed. The 1st and 2nd apply to your spouse.

[SofiaM]

Referring to the topic you provided a link to, I wrote in that. If you won't take the message from me, please take in from the UKBA instructions to staff dealing with European applications

Oh, John, you misunderstood me. I appreciated everything you wrote and simply wanted to make sure I understood it correctly.

[bebe2]

hi john,
i have just followed your link to the ukba site from what i understand one could qualify without a divorce if the eea member has left the uk.
please confirm.

[SofiaM]

Hi Bebe2,

I am actually not going to leave the UK, but I wanted to be 100% sure that I understood the other discussion correctly as I don't want him without the right to stay and the right to apply for a residence permit.

Thanks