# I have my 5 year residence card but if i get divorced does it fall away?



## Rob783 (Nov 10, 2013)

Hi there, 

I am South African and I got married in Cape Town last year September to my wife who has been living in the UK for 7 years. She is an EU citizen. I got my EEA Family permit and arrived in the UK in January this year. I sent my documents to UKBA and received my 5 year residence card. In July my wife told me to leave as she didn't want to be with me anymore. I had no choice but to leave and find my own place.

We have been apart since July and she has found someone new a few weeks after I was told to leave so there is definitely no going back to her. She wants to get a divorce. What will happen to me once the divorce is finalised? If I had to go back to South Africa I would feel hard done by as I gave up everything to come here and be with my wife.

I did not get married just to get a visa.. I married the woman who I thought I could spend my life with. Now that she wants a divorce, I feel that this visa is all I have left now. 

I am employed and have a full time job which I like very much and have told my employers my situation. They told me they would do whatever is necessary to help me stay in the UK as they want me to stay in their business. Would I be able to get a working visa from them? How much would it cost? Or would I get something called compassionate leave to remain?

Once we are divorced does UKBA get notified and what would happen to me?

I appreciate whoever can answer these questions for me as I don't know where else to go.

Many thanks,

Robert


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## Joppa (Sep 7, 2009)

The rules are:


> A person who ceases to be a family member of an EEA national who is a qualified person or who has acquired permanent residence on termination of a marriage or civil partnership will retain a right of residence if:
> the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
> In such circumstances a family member retains a right of residence if:
> (a) S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
> ...


http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary

In your case, the divorce proceedings mustn't start until 3 years after your marriage, which is September 2015. If it doesn't, and you meet the other requirements, you have retained right as family member of an EEA citizen and can carry on living in UK, and after 5 years, get permanent residence.
If you don't meet them, your residence card may be revoked and you have to leave the country. Then you can apply for sponsored Tier 2 General visa, but unless your job is on shortage list, your employer has to advertise the post and give the job first to a suitable local applicant who applies not requiring a visa.


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## Rob783 (Nov 10, 2013)

Thank you very much for the quick reply. At least I know where I stand. I reckon the divorce will go ahead with proceedings before the 3 years is up and so do you have any idea of how long I would have to leave the UK once the divorce is finalised? Would I be notified or will they use force?

Thanks again,

Robert


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## Joppa (Sep 7, 2009)

Once notified of divorce, they can give you around 4 weeks to leave UK.


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