Dear Forum Members,
I desperately need some further information regarding my current situation.
- My Non EEA spouse was granted an RC in September 2012 in line with Surinder Singh ruling as I a British National had been employed full time for 4 months in the Netherlands where we had resided together.
- For the first 3 months back in the UK I was a job seeker and then becoming unwell with depression and anxiety I have been in receipt of Employment and support allowance since March 2012 until present.
- I have decided to end the marriage after being subjected to long term emotional abuse and have separated with the intention to file for Divorce in the near future.
I recently had a consultation with an Immigration lawyer to discuss whether my spouse could retain right of residence upon divorce as I don not wish the dissolution of the marriage to result in his deportation.
- We married in May 2008 and so satisfy the 3 years of marriage requirement
- We have also lived together in the UK for several years and so the 1 year requirement of residing together is satisfied.
The lawyer informed me that due to the fact that I have not worked since returning to the UK that I am not a qualified person and so
my spouse would have no right of residence irrespective of whether I have been 'unfit' for work or not.
Is this information I have been provided with accurate and correct?
Also if my Non Eea spouse can prove that he has been employed permanently and full time since being granted the RC under Singh in 09/2012 would this have any positive impact on his eligibility for retaining right of residence?
Thank You for your kind assistance.
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