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Divorce on Spouse Visa/why not Retained rights of residence?

General UK immigration & work permits; don't post job search or family related topics!

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newexpat
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Joined: Wed Aug 07, 2019 5:11 pm
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Armenia

Divorce on Spouse Visa/why not Retained rights of residence?

Post by newexpat » Sat Aug 10, 2019 9:44 am

Hi,

I am an armenian but turkish citizen, living in the UK based on my Spouse visa. I live in the UK since Feb 2017.

My question is, would I be able to stay in the UK if my marriage ends? I checked information online but couldn't find any positive result since I am not working, there is no physically violence, I don't have any child and my family still live in Turkey or anything else.

However, I speak english fluently, feel quite settled here and feel much more free in this country since I am gay and neither turkey or armenia is not the easiest countries for me. I don't want to return to Turkey.

Me and my husband have married based on our love, but I can see clearly that we are not happy anymore.

Isn't there any other way to stay legally in this country if I divorce? Don't 2 years living in this country loving and upholding the values of Britain mean anything for home office?

I read about EEA retained right of residence, but it didnt make any sense. We live in the UK and I am married to a british and I am not capable of obtain this visa. But if my partner was from another EU country and living in the UK, then i would be able to have it? Isn't it weird?

Thanks for your answer in advance
Tigran

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Divorce on Spouse Visa/why not Retained rights of residence?

Post by Casa » Sat Aug 10, 2019 10:54 am

As you are here under the UK Immigration Rules (not the EEA Regulations), if you separate or divorce your current spouse visa will no longer be valid. If your spouse notifies the Home Office that your relationship is no longer subsisting (as they are required to do), the HO will curtail your visa and you will be expected to leave the UK.

Your best chance of continuing to live in the UK would be to apply for another category of visa you qualify for under the Points Based System (PBS), such as a Tier 2 sponsored work visa or a Tier 4 Student visa.
However, you would have to apply for these from outside of the UK.
(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.

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seagul
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Joined: Thu Nov 12, 2015 11:23 am
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United Kingdom

Re: Divorce on Spouse Visa/why not Retained rights of residence?

Post by seagul » Sat Aug 10, 2019 8:03 pm

newexpat wrote:
Sat Aug 10, 2019 9:44 am
Hi,

I am an armenian but turkish citizen, living in the UK based on my Spouse visa. I live in the UK since Feb 2017.

My question is, would I be able to stay in the UK if my marriage ends? I checked information online but couldn't find any positive result since I am not working, there is no physically violence, I don't have any child and my family still live in Turkey or anything else.

However, I speak english fluently, feel quite settled here and feel much more free in this country since I am gay and neither turkey or armenia is not the easiest countries for me. I don't want to return to Turkey.

Me and my husband have married based on our love, but I can see clearly that we are not happy anymore.

Isn't there any other way to stay legally in this country if I divorce? Don't 2 years living in this country loving and upholding the values of Britain mean anything for home office?

I read about EEA retained right of residence, but it didnt make any sense. We live in the UK and I am married to a british and I am not capable of obtain this visa. But if my partner was from another EU country and living in the UK, then i would be able to have it? Isn't it weird?

Thanks for your answer in advance
Tigran
You are a Turkish national too so you can also consider the option of Turkish worker visa:
You can apply for permission to stay in the UK as a Turkish Worker if you’re a Turkish national and have legally worked in the UK for at least 1 year as:

the spouse of a British or settled person without any restrictions on working in the UK
a holder of a work permit allowing you to work in the UK
a student allowed to work 20 hours a week during term time and full time during vacation periods
https://www.gov.uk/turkish-worker
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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