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Divorce Before 3yrs

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Divorce Before 3yrs

Post by psuch2 » Sat Nov 16, 2013 9:59 pm

Hello All.

Mi wife and I decided to separate today. We marries on March 2012 therefore I dont have retaining rights.
Whay will happen next, will I loose my residence card? Or will I be able to stay here until the end of the 5 years.
Thank you for your answers
No Matter How Long Winter Is, There's Always Spring Time Ahead

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Nov 16, 2013 10:32 pm

Do you have a child together, or was your seperation due to domestic violence?

You dont have to leave. You are still a family member until your marriage is officially dissolved.

If that take place anytime after 2015 March, you may well be fine, provided she is still here exercising treaty rights.
Smooth seas do not make skilful sailors

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Sat Nov 16, 2013 11:10 pm

No we don't have children and I wasn't a victim of domestic violence. We've been together for 5 yrs in total.
There's no way we can stay in the same house, as painful as it is the relationship is over.
I am doing an apprenticeship at the moment and studying so it would be grate if I coukd finish that at least.
No Matter How Long Winter Is, There's Always Spring Time Ahead

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Nov 16, 2013 11:19 pm

You are free to live here until such a time when she cease from being a qualified person.
Smooth seas do not make skilful sailors

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Tue Dec 10, 2013 5:25 pm

Sorry for resuscitating this old thread.

I am just about to separate from my wife and move out.
Explain to me if I am wrong. We have lived together in this country after married for over a year, we have been together for longer, but I didn’t have a visa. Even though we are separated and no longer cohabitate, as long as we are still legally married I am still able to stay in the country?
So if can make a compromise with my wife and delay our divorce until at least mid-2015, I can them apply for retentions rights?

Sorry once again, life is not great right now, I am having a real tough time and need to put my mind at easy on this subject, I’ve spent half my life in this country and having a countdown clock to deportation is the last thing I need.

Thank you
No Matter How Long Winter Is, There's Always Spring Time Ahead

Artur1
Newly Registered
Posts: 20
Joined: Tue Apr 23, 2013 7:14 am
Location: UK

Post by Artur1 » Wed Dec 11, 2013 2:18 pm

as long as you guys are married and your wife is exercising treaty rights, you are ok.
Some couples do not live together due to the nature of their jobs.

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