non-European citizen married to British for 3 years

[sohail99]

Hi

I was wondering if someone can enlighten me about the (non)existence of the following rule:

If a non-european (e.g. Pakistani, Indian, Thai) has been married to a British passport holder for 3 years and has been resident in the UK for at least a year, will qualify for IDL or leave to remain or some other right to remain, even if they are now separated but have not been divorced.

I know a similar rule exists for non-european partners of EEA members (France, Spain etc), that after 3 years of marriage, providing the non eea-member has lived here in the UK for a year will get a right to remain in the UK.

Does this apply only to partner's of Europeans living in the UK, or to partner's of British residents too.

Really appreciate an answer.

sohail

[geriatrix]

EU regulations are different from UK immigration laws.

Retention of residence is allowed under EEA regulations but there is no such provision under the UK immigration laws, under the circumstances you state (separated from British partner).

Do you have any children with your British partner?