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Ask Howard Your Own Question
Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I am a non-eea family member married to an eea national. i

Customer Question

I am a non-eea family member married to an eea national. i have a five year residence card, my parents are dependent member and have arrived in the uk 3 months ago. we separated now and it has been more the three years since we got married. i want to retain right of residence, I am working, also i want to know that will my parents be able to retain right of residence as well or would i need to be there sponsor (or please tell me how would they be able to stay in UK). after i have the divorce and when i have the right to retain residence, would I be able to apply for my new married partner and her 3 year old daughter to come to uk on eu law. thanks
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
If you can evidence that you were married for at least 3 years and that the EEA Citizen had been exercising Treaty Rights (usually meaning working) in the UK for at least the most recent year then you should be able to apply for Retained Right of Residence. After 5 years in the UK you can then apply for Permanent Residence and then Citizenship one year after obtaining Permanent Residence.

Retained Right of Residence means you are considered on the same basis as an EU Citizen and thus if you are exercising Treaty Rights (working) then your new wife can obtain an EEA Family Visa.

On the same basis your parents would be required to demonstrate dependance on you in order to remain in the UK.
Expert:  Howard replied 3 years ago.
Do you have further questions or has this answered your question?
Expert:  Howard replied 3 years ago.
Do you require further clarification? I believe your question has been answered and so you should rate the service provided so that the question can be closed.

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