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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Thomas have been married she's a French nationality and we have 2children 3&am

Customer Question

Hi Thomas
hi have been married she's a French nationality and we have 2children 3&2 year old, I have been working and studying, but we separated my visa running out, what should I have to do? I am worried.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
What visa do you have?
When did you come to the UK?
When did you marry?
Kind regards,
Tom
Customer: replied 2 years ago.

I came in 2010, we got married in 2011, I've 5year, residence card of a family member of an EEA national in 2012.

Customer: replied 2 years ago.
Wanting for reply please
Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
Drafting your answer now 5 mins please.
Tom
Customer: replied 2 years ago.
You replied
28 February 2015 08:13 EST
I came in 2010, we got married in 2011, I've 5year, residence card of a family member of an EEA national in 2012.
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
You have nothing to worry about at all.
You are here under EEA rights. This is different to being here under a visa.
If when your current EEA residence card expires you have been in the UK for 5 years with your wife whilst she has been exercising her treaty rights then you can apply for Permanent Residence when you reach 5 years in the UK. Permanent Residence is the right to stay permanently in the UK regardless of whether or not you remain married to your wife.
Please find confirmation here:-
https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card
See "Permanent Residence Card".
Therefore you should apply for this once you have reached 5 years in the UK, but even if you didn't and the 5 years on the residence card expires then you would still be able to stay in the UK because of EEA rights. However, if you let your resicence card expire and then left the UK you would have to apply for a EEA family permit before you re-entered the UK.
You will be fine.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Tom,
You've make me fell better then I've never been, by the way should I can divorce, because she asking me for that, does it going to affect my stay or not?
Expert:  Thomas replied 2 years ago.
Hi,
If divorce proceedings are issued, then you will have to apply to retain your rights of residence.
Provided that you have been married for three years and been in the UK married for at least one year then you can apply to retain your rights. If you did your residence card would continue and you could then still apply for permanent residence.
See s6.1 on the following link for confirmation:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264944/chapter2.pdf
Kind regards
Tom

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