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Ask Frantz I Your Own Question

Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 232
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I'm a military officer stationed in Korea with my wife

Customer Question

Hello, I'm a military officer stationed in Korea with my wife of 10 years. She has Latvian (EEA) and U.S. citizenship. I have U.S. citizenship. We are strongly considering divorce. I'm changing careers and attending graduate school in the UK this Fall.
1. If the divorce was delayed for 1 year, how long would my wife need to stay in the UK in order for me to retain rights? 3 years? What other responsibilities would she have?
2. After my one year of study, what salary would I be required to earn under the new Tier 2 plan for the first year? Or is the new requirement after 5 years? What other obstacles would I face? How much time would I have to find a job?
3. As a reservist, I will likely go to Germany two days a month and two weeks annually for my first 6 years (assuming I'm able to stay in the UK) in order to receive retirement. If I am deployed for a lengthy period of time and exceed the 450 day limit for 5 years, will I be denied citizenship or is there a remedy?
Thank you.
SD
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Frantz I replied 9 months ago.
HelloThank you for your enquiry. 1. Where a family member ceases to be a family member of a qualified person because their marriage had been terminated and they had been in the UK employed, self-employed or as a family member at the time, then prior to the initiation of the termination, the marriage had lasted at least 3 years and the parties to the marriage remained in the UK at least 1 year during the duration of the termination, then it is likely that the family member might acquire independent rights ( retained rights). 2. To be eligible for a Tier 2 visa you would be expected to earn the appropriate salary. At this point the minimum salary is £20,800. It is difficult to say how much time anyone would require to find a job as the job market at the moment is difficult. 3. If you have remained in the UK and your rights were retained, you would be required to evidence your right to permanent residency first before applying for citizenship. If you don't meet the residency requirement, an application for citizenship will be refused. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.

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