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Retain rights of residence. Advice

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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Minhr
Junior Member
Posts: 50
Joined: Mon Sep 29, 2014 1:56 pm

Retain rights of residence. Advice

Post by Minhr » Sat Nov 18, 2017 6:26 pm

Hi everyone,
Need your advice. Me and my wife are going to live separately. As far as I know if we are not divorced officially I can remain in UK until she exercises her treaty rights. But when it comes to Indefinite leave to remain will I be able to apply for it if we are leaving separately?
Or another route is to divorce and retain rights of residence. We've been married for 4 years and 3 of them are leaving in UK. As I understand we should divorce in UK because in other case I will loose my right to enter country, but what is the timeline to apply for new residence card after official end of marriage? Will I be able to continue working after divorce and before getting new residence card?

Thank you

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

Re: Retain rights of residence. Advice

Post by Obie » Sat Nov 18, 2017 9:54 pm

That will all depend on the fact of your case and if your wife is presently exercising treaty rights.
Smooth seas do not make skilful sailors

Minhr
Junior Member
Posts: 50
Joined: Mon Sep 29, 2014 1:56 pm

Re: Retain rights of residence. Advice

Post by Minhr » Sun Nov 19, 2017 10:14 am

Obie wrote:
Sat Nov 18, 2017 9:54 pm
That will all depend on the fact of your case and if your wife is presently exercising treaty rights.
Hi Obie,
Thank you for reply. She is exercising treaty rights.

PS Another way I was thinking about is tier-2 visa with sponsorship from my employer which company can provide.

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

Re: Retain rights of residence. Advice

Post by Obie » Sun Nov 19, 2017 7:46 pm

Then you may qualify. All things being equal.
Smooth seas do not make skilful sailors

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