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Right of residence under EEA rule after divorce?

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Marriage | Unmarried Partners | Fiancé | Ancestry

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

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hotsthunk
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Right of residence under EEA rule after divorce?

Post by hotsthunk » Thu Aug 11, 2016 6:02 pm

I am the spouse of a British citizen. We got married in April 2013 after which I switched from Post study work visa to Spouse visa. Now after 3 years of happy marriage (and recent successful extension of the spouse visa by another 2.5yrs), unfortunately we have mutually decided to get divorced.

During all of the 3 years, we have lived together in the UK and both have been/are in full-time employment. I have all the usual evidence that one provides for the spouse visa such as employment contract, payslips, joint council tax/utility bills/mortgage/savings account etc for the 3 years we spent together.

Any advise would be appreciated if I am eligible for the right to residence?

Obie
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Re: Right of residence under EEA rule after divorce?

Post by Obie » Thu Aug 11, 2016 6:08 pm

Did you and your wife every resided in a European State, where she was exercising Treaty rights as a worker or self-employed person? or in an capacity even?

Do you and you wife have a child together?
Smooth seas do not make skilful sailors

hotsthunk
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Re: Right of residence under EEA rule after divorce?

Post by hotsthunk » Thu Aug 11, 2016 6:12 pm

We have only resided in the UK; isn't UK a part of the European States?

No, we don't have any children.

Obie
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Re: Right of residence under EEA rule after divorce?

Post by Obie » Thu Aug 11, 2016 6:14 pm

Will in UK law, the question of retention does not Exist.

How long have you resided in the UK for?
Smooth seas do not make skilful sailors

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Casa
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Re: Right of residence under EEA rule after divorce?

Post by Casa » Thu Aug 11, 2016 6:17 pm

As you obviously don't come under EEA regulations, I've moved your thread to the correct forum.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

hotsthunk
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Re: Right of residence under EEA rule after divorce?

Post by hotsthunk » Thu Aug 11, 2016 6:18 pm

I have lived here for 6 years now.

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Casa
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Re: Right of residence under EEA rule after divorce?

Post by Casa » Thu Aug 11, 2016 6:23 pm

Once your relationship with your wife (as your sponsor) is no longer subsisting either by separation or divorce, your spouse visa is no longer valid. I suggest you look into whether you qualify for a PBS category visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
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Re: Right of residence under EEA rule after divorce?

Post by Obie » Thu Aug 11, 2016 6:26 pm

Casa wrote:Once your relationship with your wife (as your sponsor) is no longer subsisting either by separation or divorce, your spouse visa is no longer valid. I suggest you look into whether you qualify for a PBS category visa.
I agree. You will be permitted to switch in the UK
Smooth seas do not make skilful sailors

hotsthunk
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Re: Right of residence under EEA rule after divorce?

Post by hotsthunk » Thu Aug 11, 2016 6:31 pm

I believe the only options available are Study visa (which I would not be going for) and Work Visa (which my employers would not be sponsoring me for)??

Looks like I am stuffed...all time and hard work I invested and assets I built, will go down the drain.

Obie
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Re: Right of residence under EEA rule after divorce?

Post by Obie » Thu Aug 11, 2016 6:33 pm

You could make a human right application. If you have developed deep routes in the UK, that may be taken into account.
Smooth seas do not make skilful sailors

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