# How could possibly live EU and non EU sitizens in UK after split up?



## denispearl (Sep 18, 2009)

HI. Just a short story. My wife is from Poland, im not EU national. We moved in the UK about 3 years ago. Bought a flat, Im stadying and so on.
Unfortunately seems like we are going to split up. She says that she doesnt wont to move from city were are we now and live in new place, I was thinking about career after finishing Uni.
All is fine, but Im not eu citizen and living in the UK on spouse visa.
My wife said we can officialy stay as marriage untill ill get my british pasport within 4 years. Good point. Thanks for that - But I can not emagine how will it all carry on and Iam afraid about will it actually work. 
Do you have any ideas, examples, wether it possible and how it does look like to live separetly, but married officialy and not get caugth by immigration control ( I know is no good, but I dont want to waste my 3 years ) 
IS there is any chance to devorce my wife and marry UK citizen and getting UK spouse visa here, in the UK,without living the country?
Please advice.
And also - she wants a baby( fair enough). In that case what the birth registration looks like, cos she want a baby with somebody else(oops). Will it affect me as well? I mean all the paperwork and stuff. I mean will immigration control check who my wife has a baby with( i know stupid question, but better to ask).

Please help me with that, cos its all a bit terrible hard and unknown.
I want to stay in the UK.
Thanks for advice


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## denispearl (Sep 18, 2009)

And also. I f we were married in Poland 4 years ago and lived in the UK for 3 years, we have UK resedency for 2 years now - would I be able to stay in the UK somehow ( get PR or something)???
Thanks


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## Pesky Wesky (May 10, 2009)

Sorry that you're having such a hard time. I have no idea what to tell you, but there must be a Polish club or society or something in Cardiff that can advise you. Or in Bristol?? Try googling it.
Hope you get the answers soon


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## Joppa (Sep 7, 2009)

This is a complicated situation and you really need to see an immigration advisor (check yellow pages or ask at the citizens' advice).
Simply put, unless you can find a way of staying here in your own right, as soon as your marriage is terminated or even considered not to subsist (living apart, separated etc), then you risk being deported from the UK, or when you come to renew your visa.
If you entered UK as a spouse of an EU national 3 years ago, then you should be eligible to apply for indefinite leave to remain (ILR) after 4 years, i.e. in a year's time. If you can stay married until then, this will enable you to stay in you own right, even after your marriage ends in separation or divorce. Did you enter on a UK spouse visa (entry clearance), or on EEA Family Permit (your passport should be stamped as such)? With either, after 4 years' continuous residence, you are eligible to apply for ILR. As your wife seems happy to help you get established in UK, you stand a good chance of being successful.


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## denispearl (Sep 18, 2009)

Joppa said:


> This is a complicated situation and you really need to see an immigration advisor (check yellow pages or ask at the citizens' advice).
> Simply put, unless you can find a way of staying here in your own right, as soon as your marriage is terminated or even considered not to subsist (living apart, separated etc), then you risk being deported from the UK, or when you come to renew your visa.
> If you entered UK as a spouse of an EU national 3 years ago, then you should be eligible to apply for indefinite leave to remain (ILR) after 4 years, i.e. in a year's time. If you can stay married until then, this will enable you to stay in you own right, even after your marriage ends in separation or divorce. Did you enter on a UK spouse visa (entry clearance), or on EEA Family Permit (your passport should be stamped as such)? With either, after 4 years' continuous residence, you are eligible to apply for ILR. As your wife seems happy to help you get established in UK, you stand a good chance of being successful.


Hi. Ive had family permit, after that Ive received Residence card for 5 years.
What can I do?
Thanks


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## Pesky Wesky (May 10, 2009)

denispearl said:


> Hi. Ive had family permit, after that Ive received Residence card for 5 years.
> What can I do?
> Thanks


Try getting in touch with the people on this website 
Polish Culture Website - Welcome to Bristol – photos by Poles


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## jlms (May 15, 2008)

denispearl said:


> Hi. Ive had family permit, after that Ive received Residence card for 5 years.
> What can I do?
> Thanks


Talk to am immigration lawyer and understand the different visas and permits that are issued to us foreigners.

What you want to get is an "indefinite leave to remain in the UK", and for what you are saying, you may be entitled to one in one or 2 years.

If your wife is willing to remain married I suggest you stay together, but you really should know the dates involved, so you don't delay unnecessarily. You can call the Home Office and ask *only* when you would be eligible to obtain IRL (don't explain your life story, they don't need to know all that).

As for her having a baby, golly, it really has nothing to do anymore in reality, many couples are faced with such situations irrespective of anything else, so that should not distract you from your permit application.

And please, don't do something illegal (a sham marriage), it is unnecessary and unfair.


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## tmash (May 6, 2009)

Mmm..this is very very complex and i suggest that you see a divorce lawyer /counselor .Your case does not really need an immigration adviser/lawyer as you do not have any immigration problems at the moment.Just do what is legal and if it means going back to your own country of origin after your limited leave i suggest you do so.Getting a UK stay after 2-4 years is not guaranteed as the UK immigration law is constantly changing all the time and being in the mess you are in you might be caught at the wrong side of the immigration law.Your case is likely to get extensive scrutiny by the home office , just to make you aware.

Good luck.
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