Right to live in the UK after divorce for non EEA national?

[rob75]

Hi there

I am new here and I never had to liaise with immigration issues.
But I happen to be in love with a columbian who has been living and working in the UK for the last 3 years while into a civil partnership with a EEA national.
I think they lived together, in the UK, for almost 2 years.
Then he left for Australia and now, 3 years after the start of their partnership, he's filing for divorce.

Am I right to think that since they:

a) have been into a civil partnership for 3 years and
b) they have been living together in the UK for more than 1 year

my colombian partner will retain the right to live in the UK?
If this is the case for how lonh?
When will this right become permanent?
When the columbian will acquire the rights to travel like a british or EEA citizen?

Thank you for answering my questions.

Rob

[fysicus]

You are right about Retention of Rights if the relationship ends after at least three years (of which at least one year in UK), but this is under the assumption that the EEA national is still a qualified person (exercising treaty rights) in the UK.

As you write that he has already left the UK and now lives in Australia, while the divorce has not yet been completed, that is a severe complication of your case. I have no experience with such situations, so I can't tell you what the consequences are or what course of action you should follow.

[rob75]

God, I hate all this. Does "exercising treaty rights" means actively working in the UK?

[fysicus]

Well, there are various categories of activities (not only actively working) that qualify as exercising treaty rights in the UK but living and working in Australia is not one of them.

[zubby007]

[quote="rob75"]God, I hate all this. Does "exercising treaty rights" means actively working in the UK?[/quote]




Right, have to be a Worker, Student, Self employ or Self Sufficient.

[rob75]

So do you think this would mean the non EEA national would be deported??

[fysicus]

I think it would probably mean that you Colombian friend is now illegal in the UK. However, as long as you don't attract the attention of the police, the risk of actual deportation is fairly low. According to the BBC there is now a queue of 275000 (http://www.bbc.co.uk/news/uk-18945047).