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Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Jevgenija
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Posts: 12
Joined: Thu Nov 17, 2011 11:01 am
Location: UK, Rotherham

I need advise

Post by Jevgenija » Tue Jun 26, 2012 9:57 am

Hello
I have a residence card, by the law if i separated with my husband or if he decide to leave the UK, i have to leave UK too. Our daughter is attending primary school, is there any way i can change my immigration status if we separated on the basis of that my daughter is attending school?
'll be very grateful for any help

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Jun 26, 2012 10:40 am

Is the child EEA national?

Another possibility is to retain your own rights.

You can retain your rights if you get divorced and you have been married for at least 3 years and lived in the UK for at least 1 year.

You can't retain your rights if you are not divorced and the EEA national leaves the UK.

Jevgenija
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Posts: 12
Joined: Thu Nov 17, 2011 11:01 am
Location: UK, Rotherham

Post by Jevgenija » Tue Jun 26, 2012 10:46 am

Jambo wrote:Is the child EEA national?

Another possibility is to retain your own rights.

You can retain your rights if you get divorced and you have been married for at least 3 years and lived in the UK for at least 1 year.

You can't retain your rights if you are not divorced and the EEA national leaves the UK.
child is EEA national
We have been together for 10 years, married for 3 years, 2 years in England.

Jevgenija
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Posts: 12
Joined: Thu Nov 17, 2011 11:01 am
Location: UK, Rotherham

Post by Jevgenija » Tue Jun 26, 2012 10:51 am

can we get divorced in England even if the marriage is registered in Estonia?

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Jun 26, 2012 10:53 am

So yes - you can retain residence rights either if divorced and meeting the requirements or based on the child rights.

See more Regulation 10 - in particular - 10 (3)(b), 10 (4) and 10 (5).

Jevgenija
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Posts: 12
Joined: Thu Nov 17, 2011 11:01 am
Location: UK, Rotherham

Post by Jevgenija » Tue Jun 26, 2012 11:06 am

Jambo wrote:So yes - you can retain residence rights either if divorced and meeting the requirements or based on the child rights.

See more Regulation 10 - in particular - 10 (3)(b), 10 (4) and 10 (5).
can we get divorced in England even if the marriage is registered in Estonia?

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Jun 26, 2012 12:32 pm


zheni
Junior Member
Posts: 66
Joined: Tue Dec 13, 2011 2:08 pm

Post by zheni » Tue Jun 26, 2012 10:13 pm

Jevgenija wrote:
Jambo wrote:So yes - you can retain residence rights either if divorced and meeting the requirements or based on the child rights.

See more Regulation 10 - in particular - 10 (3)(b), 10 (4) and 10 (5).
can we get divorced in England even if the marriage is registered in Estonia?


Yes, you can divorce in the UK if you were married abroad. It might take a year to finalise it.
1st you need to lodge a divorce petition and at the same time you need to submit a form outlining the arrangements for the child of the marriage.
2nd papers will need to be served on your husband. If, papers cannot be served on him then the process will take longer or if they are served but he disputes it and so on. If, papers are not served on your husband you will need to show that you have exhausted all methods of tracing him eg by explaining it in an application, then your option is to proceed with service to dipense-where you ask to court to finalise the divorce having exhausted all means to serve papers on the other side.

Hope it works out for you.

newbee195
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Joined: Tue May 22, 2012 5:27 am

Post by newbee195 » Wed Jun 27, 2012 7:01 pm

it will take about 14 weeks (3.5 months) for whole process of Divorce, if you will do by www.divorceonline.co.uk . My case is same, we did our marriage in Baltic-country, and now we are doing divorce because of our serious personal reasons.

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