After Divorce rights and visa

[Nayyer1986]

Hi
Hope everyone is doing well in here just wanted to ask few questions if anyone can help me with these here as i tried looking in the forums but can’t find any related ones ...
I have been married to an Irish national since October 2015 and was granted a visa in August 2017.
But our relationship now has not been great so me and wife has decided to go to out separate paths .
My wife has always worked in the Uk and during us being together and is still working .
The only time when she wasn’t working was for 5 months last year as she took Gardening leave.
She started working again in November last year full time.
I have been to see on solicitor and they have told that as we have been married for over 4 years so if we get divorced i can apply to stay on the basis that we were married for over 3 years and she has been exercising all her treaty rights so there shouldn’t be any problem. As i have been working full time as well so it should be all fine.
Then i went to another solicitor and they told me something different saying as i have only got my visa in 2017 so the time will count from the date from when visa was issued. So this means it’s only been 2 years 5 months.
This has really made me worried that if my wife file a divorce so do i have to leave the country ??
Or the first solicitor was right that i can apply for retained rights ??

Any help will be very much appreciated.

[dinotinto]

The first solicitor was right... the 3 year period is counted from the date of your marriage if you were in the uk or the date you got into the uk after your marriage, if it was held outside the uk

[Nayyer1986]

Hi

Thanks a lot for reply and i was already in the uk and that’s where our relationship started.
One more questions which type of documents i will be required ??
Will i need her payslips or our past years proof of been together??

[Nayyer1986]

The first solicitor was right... the 3 year period is counted from the date of your marriage if you were in the uk or the date you got into the uk after your marriage, if it was held outside the uk

Hi

Thanks a lot for reply and i was already in the uk and that’s where our relationship started.
One more questions which type of documents i will be required ??
Will i need her payslips or our past years proof of been together??

[dinotinto]

You need to prove you were married for three years and both of you were resident in the uk for at least a year of those. It still all depend ms on what you are applying for at the end of the day.(retained rights would no longer be valid by year end I believe, so the eu settlement scheme is the more appealing.) With the settlement scheme..if your divorce is not yet concluded, you can still apply as you are still married officially just submit your proof of relationship(marriage cert) your partner's id copy and proof of residence for both of you (for just a day in the last six months).. qualifies you for presettled status.... when your marriage clocks five years you can then apply for settled status.

[Nayyer1986]

You need to prove you were married for three years and both of you were resident in the uk for at least a year of those. It still all depend ms on what you are applying for at the end of the day.(retained rights would no longer be valid by year end I believe, so the eu settlement scheme is the more appealing.) With the settlement scheme..if your divorce is not yet concluded, you can still apply as you are still married officially just submit your proof of relationship(marriage cert) your partner's id copy and proof of residence for both of you (for just a day in the last six months).. qualifies you for presettled status.... when your marriage clocks five years you can then apply for settled status.

Hi

Yes we are still officially married we both have seen solicitors but nothing has been filed yet ..
so i can apply for settled status when it has been 5 years as a married couple or does i have to complete 5 years from the date my BRP was issued.
I am really stressed about my work as well as I don’t want anything to effect my work or living here in the UK as i have been in this country since 2007.

So if i can apply for a settled status after October is like ILR ?

[Alijee786]

You need to prove you were married for three years and both of you were resident in the uk for at least a year of those. It still all depend ms on what you are applying for at the end of the day.(retained rights would no longer be valid by year end I believe, so the eu settlement scheme is the more appealing.) With the settlement scheme..if your divorce is not yet concluded, you can still apply as you are still married officially just submit your proof of relationship(marriage cert) your partner's id copy and proof of residence for both of you (for just a day in the last six months).. qualifies you for presettled status.... when your marriage clocks five years you can then apply for settled status.

Hi

Yes we are still officially married we both have seen solicitors but nothing has been filed yet ..
so i can apply for settled status when it has been 5 years as a married couple or does i have to complete 5 years from the date my BRP was issued.
I am really stressed about my work as well as I don’t want anything to effect my work or living here in the UK as i have been in this country since 2007.

So if i can apply for a settled status after October is like ILR ?

As you were married in uk so time starts from date of marriage. Eu settlement scheme would be alot easier for you to apply. Pick up your phone and you can apply in 5-10 min.
All you need is your id
Your ni number
Your wife’s details date of birth etc
And residency proof for both of you. You can upload upto 10 documents. So anymore documents which you think can be helpful to prove time and relation upload them.

[dinotinto]

I'll advise you apply for presettled status now as it gives you peace of mind that you have a status granted under uk law, and it requires less evidence... when your marriage clocks 5 years, transitioning to settled status will be easy as since you have been working for years you wont need to submit evidence of your 5 year residence, your NI number will verify that for you.... plus it is taking longer to get a status now because of their backlog.. so the earlier the better. It would never affect your current status do never worry about your job.... again having this presettled status is better because it is going to be a status granted for you and you only and wont depend on your spouse exercising treaty rights(you know all those eu law nonsense). So you can work, go anywhere you like without worrying about if your marriage status will affect your reentry into the uk etc.

[Nayyer1986]

Hi

Thanks a lot for all your answers I apologise for a late reply as i had to go back home due to some urgent issues .

I have got one more question that my father is coming to the uk to live but as he will be coming to this country for first time and can’t get any property . What i wanted to know is if i get another property on my name as then everything will be on my name will there be a problem for me if i apply for a settled status in October this year ?? Can Home office ask me why have i got 2 properties on rent on my name in this country ir there won’t be an issue if you could help me with this it would be great help again thanks a lot for all your help so far .

I'll advise you apply for presettled status now as it gives you peace of mind that you have a status granted under uk law, and it requires less evidence... when your marriage clocks 5 years, transitioning to settled status will be easy as since you have been working for years you wont need to submit evidence of your 5 year residence, your NI number will verify that for you.... plus it is taking longer to get a status now because of their backlog.. so the earlier the better. It would never affect your current status do never worry about your job.... again having this presettled status is better because it is going to be a status granted for you and you only and wont depend on your spouse exercising treaty rights(you know all those eu law nonsense). So you can work, go anywhere you like without worrying about if your marriage status will affect your reentry into the uk etc.