Divorcing Proccess how does it work?

Old_El_Paso · Post by **Old_El_Paso** » Sun Oct 07, 2007 1:05 pm

Hello there!

Unfortunately after 1 and half years of marriage, me and my wife have decided to divorce (no violence or physical abuse, just lack of understanding). A spouse visa was issued and will expiry on May 2008.

We have been told that a soon as the marriage the Non-EAA party has to go back to his country. However there is a divorce procedure (apparently it takes 12 to 16 weeks). Our question is, what is the migration status for the non-EAA partner while the divorce is in process?

Thank you!
Old El Paso

SYH · Post by **SYH** » Sun Oct 07, 2007 1:51 pm

there was a post worded similarly to this one
please use the search function and see if that thread answers your question

jacko · Post by **jacko** » Tue Oct 09, 2007 1:30 pm

Hi I am in a similar situation. i have look searched for the silmilar posting and cannot find the enquiry - any advise SYH? Also what is the difference between a UK national and EEA national
thank you
jack

philemon_bodiba · Post by **philemon_bodiba** » Wed Oct 31, 2007 11:48 am

Hi!

You need to know that you are still a married couple until divorce is finalised. Pure and simple.

sakura · Post by **sakura** » Wed Oct 31, 2007 9:21 pm

Old_El_Paso wrote:Hello there!

Unfortunately after 1 and half years of marriage, me and my wife have decided to divorce (no violence or physical abuse, just lack of understanding). A spouse visa was issued and will expiry on May 2008.

We have been told that a soon as the marriage the Non-EAA party has to go back to his country. However there is a divorce procedure (apparently it takes 12 to 16 weeks). Our question is, what is the migration status for the non-EAA partner while the divorce is in process?

Thank you!
Old El Paso

Are you on a spouse visa or an EEA family Permit? I assume it's a spouse visa...

In that case, normally once the divorce is finalised, you will have to leave the UK. You can apply for other visa categories - e.g. HSMP or student visa, if you qualify, but generally your leave to remain is nullified.

So, whilst you're still married, I suggest you look for other visa categories. I do not think you can make it to May to possibly apply for ILR...

VictoriaS · Post by **VictoriaS** » Thu Nov 01, 2007 1:57 pm

Actually, your visa ceases to be valid as soon as the relationship breaks up, even before the divorce is finalised.

Victoria

avjones · Post by **avjones** » Thu Nov 01, 2007 5:41 pm

Hi - can you confirm yours and your spouse's nationalities? I'm not clear if you are on an EEA permit or a 2 year spouse visa.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Divorcing Proccess how does it work?

Divorcing Proccess how does it work?

Re: Divorcing Proccess how does it work?