5 year residency permit - worries

[djc]

Hi, I am a non EEA citizen married to a EEA citizen in 2004. I was then granted a 5 year residency permit. Unfortunately our marraige did not work and we had a divorce 9 months after our marraige. My questions are

1) What options do I have after my 5 year residency permit expires

2) I am planning to get married to a citizen of a non EEA country. If I get married , could my wife apply for a visa to come and stay with me?

Financially I am well off, having my own business.(Wondering whether that would make a differnce).

Thanx in advance.

Regards

Dev

[badboyz2006]

You cannot apply for anyone because you are not a permanent resident.

13.7 - Interpreting "present and settled"

Present and settled means that the person concerned is settled in the UK and, at the same time that an application under the Immigration Rules is made, is physically present in the UK or is coming here with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.

If the sponsor has temporarily travelled abroad to accompany the applicant in making the application, this will not prejudice the sponsor’s present and settled status, that is, such absence from the UK is not of itself a reason for refusal.

Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the United Kingdom to live is not ‘admitted for settlement’. However if he or she expresses the intention of returning to the United Kingdom to reside, you can regard him/her as present and settled there

[olisun]

2) I am planning to get married to a citizen of a non EEA country. If I get married , could my wife apply for a visa to come and stay with me?

When you apply for the dependant visa for you wife, they will look at your current status.

Since you are (were) already a dependant of your ex-wife and divorced, your visa is techincally invalidated...

Other's can comment on this

[badboyz2006]

That is so true, even if you try to travel and they found out that your relationship is broken down they will refuse you entry on return and may even try to call your wife.

[Wanderer]

Thanx in advance.

Regards

Dev

it's not the shop in Coronation Street is it?

Sorry...

S

[John]

Some new EU regulations have recently come into force. These do affect quite a few people in a relationship that breaks down. It is certainly relevant to look at these new regulations to see if DJC can benefit.

Download a copy by clicking here.

In particular have a look at Article 13.2. That starts :-

2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:

-: and then goes on to list a number of different situations.

Question for DJC, are you within any of those situations? If so you are entitled to remain in the UK. If not, then you have no right to stay. Clearly (a) does not apply given you say that a divorce happened after only 9 months of marriage, but how about any of (b), (c), (d) or (e)?

General comment about EU/EEA matters. These new regulations, that came into force on 30.04.06, give continuing rights to people who otherwise would be in some difficulty. In particular the provision ... not relevant to DJC ..... where the marriage lasted at least three years, and at least one year of that was spent in the UK .... could well be of great benefit to lots of people in a marriage that breaks down.

Over to you DJC, have a read of the new regulations. Do any of these provisions assist you?

[djc]

John, as suggested earlier, I seriously beleive that you should turn pro. Thanx for the guidance and I have read the articles that you were refering to but it does not seem to fit me.

Which means that I am left with no other option but to change my visa into a business visa(unless you/someone can think of something). What I was wondering is if I had to show the prerequisite £200,000 for investment, could I count existing businesses in my name or does it have to be liquid cash????

Regards

dev

[Morpheo]

Hi,

I read John's post and the document provided.
I am in the following situation:
I am a no-eu spouse of a EU citizen (German) and I have been married to my wife for two years, for personal reasons we have been separated since march and we are not planning to get back together. we cannot divorce yet as we need to be separated for two years.

last december my wife obtained her ILR as she lived and worked in the UK for 4 years. I was also granted a 5 years residence permit.

by the time I get divorced I would have spent 4 years married and working in the UK.

My questions are:

- Would I still have the right to reside in the UK after my divorce and Would I be able to get my ILR when my residence permit expires?

- What happens if my wife lives the coutry? Could I still live in the UK as I this has become my main home coutry and I have a high skilled job (IT professional)

I was planning to start the procedure to get a Work permit and get independant of my wife but after reading the article I feel like there is some hope even if I get divorce.

I think that I should mention that I have been living and working in the UK for 5 years, 3 years in a Work permit status and 2 years as a spouse of an EU citizen (I know that I did a terrible mistake switching from WP to spouse; but I don't want to make the same mistake again)

My employer is more than happy to sponsor me for a Work permit, but it seems that I would have to leave the country to switch status?

Could somebody please help as I am really having a very difficult time with this whole situation, I feel like my wife has a veto power over my immigration status in the UK.

Thanks in advance.