How to retain my visa after divorced?

[TM_0108]

Hi Everyone

I'm a Non EU national got married to my british citizen husband in Bangkok in 2004 then we moved to Spain in november same year, after that we decided to move to the U.K. I applied the visa through british embassy in madrid and got a EEA family member visa. We entered in the U.K. in June 2005 and now I have a 5 year residency stamp on my passport as a family member of an EEA national and will be expire in Nov 2010 . We lived together from june 2005 until end of May 2006 when the marriage broke down and I moved out. We decided to divorced in 2008 and now I've got a decree nisi.
The questions are:
-What will happen after the divorce finalize?

-The marriage lasted for more than 3 years but we lived together in the U.K. for only 1 year and separated for 2 years before divorced, Can I retain my visa until it expire then I can apply for PR use EEA4 form?

-If not then what is alternative option?
Thank you very much for all the answers in advance.
Best Regards.

[isceon]

Once the divorce is finalised you will retain your right of residence:
If your marriage has lasted over 3 years prior to initiation of divorce proceedings with at least 1 year in the uk the EEA spouse exercising treaty with you.(directive 2004/38.
The home office will want to see proof of EEA spouse is exercising EEA treaty at the time of divorce.My advise is make sure your husband will help you with the proof of employement and be ready for a long wait.
Good luck

[cutepearl]

can i just ask a question as well... here as it looks a bit similar. me and my wife got married in the uk.. we lived in the uk for 2 and half years.. and then moved to sweden we lived in sweden for 1 year and half.

the question is we divorced in sweden after 1 year.. can i still come back to UK and retain the right of residence ?

as we have been living and exercising treaty rights for more than 2 years in UK..

Please let me know ..thanks

[TM_0108]

Once the divorce is finalised you will retain your right of residence:
If your marriage has lasted over 3 years prior to initiation of divorce proceedings with at least 1 year in the uk the EEA spouse exercising treaty with you.(directive 2004/38.
The home office will want to see proof of EEA spouse is exercising EEA treaty at the time of divorce.My advise is make sure your husband will help you with the proof of employement and be ready for a long wait.
Good luck

Hi!

Thank you for your advise, but if you read my 2nd question carefully you'll see that we don't live together for the last 2 years even though our marriage lasted for more than 3 years and worst than that he left the u.k. soon after we separated and still resides abroad, according to EEA regulations only apply if the marriage is still subsisted and the EEA national resides in the u.k. that's why is different from the usual case so I need some advise on that please.

Thank you

[isceon]

Once the divorce is finalised you will retain your right of residence:
If your marriage has lasted over 3 years prior to initiation of divorce proceedings with at least 1 year in the uk the EEA spouse exercising treaty with you.(directive 2004/38.
The home office will want to see proof of EEA spouse is exercising EEA treaty at the time of divorce.My advise is make sure your husband will help you with the proof of employement and be ready for a long wait.
Good luck

Hi!

Thank you for your advise, but if you read my 2nd question carefully you'll see that we don't live together for the last 2 years even though our marriage lasted for more than 3 years and worst than that he left the u.k. soon after we separated and still resides abroad, according to EEA regulations only apply if the marriage is still subsisted and the EEA national resides in the u.k. that's why is different from the usual case so I need some advise on that please.

Thank you

After the divorce it does not matter if the EEA spouse has left the country or not.
just before the time of the divorce decree absolute date prununced the EEA should be in the uk exercising treaty right (that is the interpreting of the ho and could be chalenged in court) and you still live and work in uk or self employed at the time of application of retention.
I am just relating what happened in my case.

[isceon]

can i just ask a question as well... here as it looks a bit similar. me and my wife got married in the uk.. we lived in the uk for 2 and half years.. and then moved to sweden we lived in sweden for 1 year and half.

the question is we divorced in sweden after 1 year.. can i still come back to UK and retain the right of residence ?

as we have been living and exercising treaty rights for more than 2 years in UK..

Please let me know ..thanks

in your case you do not retain right of residence in the uk as you left the the country to exercise treaty right in sweden.
You will retain residence in sweden if you satisfy all the conditions I mentioned before .
Good luck

[TM_0108]

Hi isceon!

Thanks again for your reply, I think that's a problem cause since we separated in may 2006 he left the country in november same year, so before we divorced he 's actually not in the country at all only comes back from time to time to visit his family or works during the summer. In this case would HO consider my retention?

Best Regards.

[isceon]

HI
I think you will need a good sollicitor for that I am afraid.
Good luck you can always try.

[malikzzz2004]

Once the divorce is finalised you will retain your right of residence:
If your marriage has lasted over 3 years prior to initiation of divorce proceedings with at least 1 year in the uk the EEA spouse exercising treaty with you.(directive 2004/38.
The home office will want to see proof of EEA spouse is exercising EEA treaty at the time of divorce.My advise is make sure your husband will help you with the proof of employement and be ready for a long wait.
Good luck

Hiya

the home office asked me to prove that my ex was exercising the treaty for 4 years prior the divorce and her passport.
the ex would not even talk to me or give me her documents, however i found on the old books a letter from her School to cover the time of the divorce. the HO rejected my application after 13 months of wait, and i'm heading to tribunal soon.
i know that u had a similar situation and just wondering if it has been resolved?
regards