I honestly thank the founders of this website, which has helped me many times when I am lost without help. Now I am in need of some advice for my friend who is not forum savvy, and also thinks I am an expert...
Anyways this is the issue!!!
I am inquiring on behalf of my friend living in the UK. Here's is his brief immigration history: He came to study in the UK 2006, successfully completed his maters degree and had been working in the UK ever since. He switched to Post study work visa after his education.
During his student years he fell in love with this girl from France who was also studying in the same university. They moved in together and started living together since 1 march 2009, and eventually got married 9 October 2010. They own a flat together which they bought after the wedding.
As to the french girls details, she is working in the UK as a EU member, and now became a permanent resident of UK(ILR).
My friend who was on his post study work visa, switched to a spouse visa, under her EEA status (although he qualified for Tier 1 general then, he mistakenly took this route).
She now wants a divorce out of the blue, no specific reason, and has moved out of the house and she had mailed the divorce initiation letter from her solicitor 22 August.
I am wondering if there is a way for my friend to retain his stay in the UK, as i read the rules that the initiation should have not started before the three year period completes.
Marriage - 9 October 2010
Divorce Initiation letter - 22 August 2013
Qualifying period - 9 October 2013
As you can see, my friend is a bit shy of the deadline(around a month). Will this affect his retention rights, also quoting the facts that,
1. He was/is employed all along and was never a dependent to his wife financially.
2. He co-owns a flat in London with his wife.
3. He is currently in a secured permanent job in London.
4. Although he was was married 10 October 2010, he was living with her since 1 March 2009.
Can the above facts be used to overlook his case? Please advice.
