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Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10172
Experience:  Barrister 17 years experience
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I m non eea national married to eea National in .sep.2011 my wife planing to proceed d

Customer Question

Hi
I m non eea national married to eea National in .sep.2011 my wife planing to proceed divorce because we are no longer together and I got my residence visa on July 2013 which is gonna expire 2018. So do I have to wait untill 2018 to apply for next visa ? Or do I have to apply for ROR once divorce done. As I came I'm UK Sep.2008
Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
Am I eligible to travel outside UK and come bck without any problems as she left me and lot living together
Expert:  Buachaill replied 11 months ago.
1. Firstly, after five years continuous residence in the UK YOU ARE entitled to apply for settlement and Indefinite Leave to Remain in the UK. This will entitle you to continue to live in the UK WITHOUT a visa, indefinitely.
Expert:  Buachaill replied 11 months ago.
2. One year after settlement, you can apply for UK citizenship, provided you are of good character. This would be on the basis that you have lived for six years contuously in the UK.
Expert:  Buachaill replied 11 months ago.
3. Thirdly, there is no problem with you travelling outside the UK. Until such times as your final divorce decree comes through, it has no effect or impact upon your visa. So as long as the divorce has not been completely finalised it has no impact upon your visa and your ability to travel outside the UK or to return inside the UK.
Customer: replied 11 months ago.
I got a question that do i have to let home office know that I m divorced because when I received my visa they have sent letter with passport saying that any circumstances change let us know .or do I have to apply for retain of residence right ROR. ?
Expert:  Buachaill replied 11 months ago.
4. Yes, if you get divorced, that is, when the final divorce decree comes through you have to inform the UK Border Agency that you have got divorced, as then your visa status changes and you can no longer live in the UK on the basis of your marriage to your former spouse. At this point, you will either have to apply for a different visa, or else leave the country. At that stage you should apply for a right of settlement or have already applied for a right of settlement based on your length of time in the UK.
Customer: replied 11 months ago.
Well I have been in UK since 2008 so am I eligible to apply ILR
Expert:  Buachaill replied 11 months ago.
s5. Ye
Expert:  Buachaill replied 11 months ago.
5. Yes

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