pessoam wrote:Hi all,
I know it's a bit too early to know for sure what will happen after the Brexit voting but I was wondering if anyone have any info on what happens to non-EU nationals after divorce? Will they be able to still retain rights of residence or is that in jeopardy?
PS: Sorry if that's not the right place to post this, please do move it accordingly.
Many thanks!
AS CR001 says, no-one
knows.
On the UK family re-unification route, the breakdown of the marriage (let-alone formalisation by divorce) brings the right to reside to an end. In honest practice, it prevents renewal of a visa. There are often unlawful and unenforceable agreements whereby the immigrating spouse gives up rights in return for the sponsor pretending that the marriage still subsists.
The one exception is that domestic violence may enable the victim to remain in the UK.
I therefore believe it is quite likely that the protection of spouses of EEA nationals against divorce will cease. What may save the day is that the EEA Regulations, if they survive, will become an inherently transitional arrangement, with no new 'temporary' residence under them, and therefore there will be no long term benefit from tinkering with the rules.
