# EEA family member divorce after 3 year of marriage



## khizi (Dec 21, 2012)

I am family member of eea national in uk. We got married in 2009. More then three years passed. Now we had fight. She want divorce. 
I am non eea national. I have few question:
1- If she proceed divorce i need to go back to my country ?? Or i have right to stay in the UK??
2- If i have right to stay here. What documents i need to independent visa?
3- Do i need her ID or Passport?

Please tell me in detail. If she proceed divorce what rights i have and can i stay in uk?


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## Joppa (Sep 7, 2009)

khizi said:


> I am family member of eea national in uk. We got married in 2009. More then three years passed. Now we had fight. She want divorce.
> I am non eea national. I have few question:
> 1- If she proceed divorce i need to go back to my country ?? Or i have right to stay in the UK??
> 2- If i have right to stay here. What documents i need to independent visa?
> ...


There are certain circumstances in which you may retain your right to remain in UK under the EU regulations:

_A person who ceases to be a family member of a qualified person 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,
(b) S/he is a self-sufficient person, or
(c) S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person._

So provided you have been in UK for a year or more, and you or your partner is in one of the categories listed under (a) to (c), you may be able to stay.

As the application can be complicated, you are advised to phone the helpline: UK Border Agency | EEA residency enquiries


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## khizi (Dec 21, 2012)

She was self employed from last 3 years. We dont have children. So can i proceed my case?


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## Joppa (Sep 7, 2009)

khizi said:


> She was self employed from last 3 years. We dont have children. So can i proceed my case?


Probably but speak to EU helpline and possibly consult an advisor, as it's a specialist area.


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## Jrge (Mar 22, 2011)

Hi,


khizi said:


> She was self employed from last 3 years. We dont have children. So can i proceed my case?


Please answer these questions:

1) How long have you lived with your wife in UK?
2) Are you currently working?
3) Do you have a Residence Card? 


Animo
(Cheers)


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## Allandonald12 (Nov 28, 2012)

*Expert Lwayer*

Hi dear
I think that you need to meet one of the best divorce lawyer so you can relax and get right info.


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## Guest (Jan 1, 2013)

If he feels he needs a solicitor for his divorce fine but don't expect them to be able to give advice on immigration or status after divorce as its not their specialist field.


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## khizi (Dec 21, 2012)

Im living with her as from marriage date 3 years n 4 months. 

Yes im working as self employed as well.

Yes i have residence permit.


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## Jrge (Mar 22, 2011)

Hi,



khizi said:


> Im living with her as from marriage date 3 years n 4 months.
> 
> Yes im working as self employed as well.
> 
> Yes i have residence permit.


Please answer question # 1.

Animo
(Cheers)


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## khizi (Dec 21, 2012)

3 years and 4 months...


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## jojo (Sep 20, 2007)

How long have you been living in the UK??

Jo xxx


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## khizi (Dec 21, 2012)

3 years and 10 months


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## Jrge (Mar 22, 2011)

Hi,



khizi said:


> 3 years and 4 months...


Since it seems you have met a minimum requirement, you could apply for Indefinite Leave by using Form EEA4. However, no having child(ren) might just arise a few questions to which you shall be ready to answer. 

Download Form EEA4 and read Section 4.

Animo
(Cheers)


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## umar00 (Apr 23, 2013)

5 star for Joppa


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## umar00 (Apr 23, 2013)

Hi Guys, Hope you can help me I am new here and not sure how to create a new ticket but I am really stress and hope you can help me .. I am having following issue please give me advise what i can do about it.

Bascially I came to uk in 2006 as a student and I got married with my ex-wife in 2007. She is from Latvia. I applied for my visa and got the stamp on my passport for eea family member. Now I am really stress and not sure what to do. 

We recently divorced in Nov 2012 and my visa is expiring in Dec 2013 I want to know if I will be allowed to use the EEA4 form or not. Also I am not sure where is my ex at the moment in the uk or in her country I got no idea.

Plesse advice me what I can do thanks for your help.

One thing forgot to mention that I came form Pakistain in 2006 to UK on student visa. 

Hope its clear if not please let me know and I will try to explain it again.


Thanks


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## Joppa (Sep 7, 2009)

You can get what is called retained right to stay in UK under EEA provisions. They tell you to phone the Euro Helpline for individual advice, but briefly:

"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,
(b) S/he is a self-sufficient person, or
(c) S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary Section 7.1


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## umar00 (Apr 23, 2013)

Hi Joppa, 

thank you very much for the information. I got couple of other question.

when should I contact Euro help line now or when my visa expires also do I need to apply for EEA4 form. 

I don't know where is my ex do they going to ask for her documents etc.

Thanks


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## Joppa (Sep 7, 2009)

You can contact now but they can only advise you on the regulations current now, which may of course change.
I don't think you need to get any documents off your ex.


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## umar00 (Apr 23, 2013)

Ok Joppa thank you very much. I am sorry to ask stupid question but who should I call?


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## Joppa (Sep 7, 2009)

European enquiries contact centre at 0845 010 5200.
Mon-Thu 9 - 4.45, Fri 9 - 4.30.


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## umar00 (Apr 23, 2013)

thanks you very much Joppa you been really really help full..


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