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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have a question about EU-citizen family member. I

Customer Question

Hi,
I have a question about EU-citizen family member. I will try so summarize it as much as I can:
My girlfriend has a residents card (valid for 5 years) thought marriage with her husband(EU-citizen - she is non-eu).
They are in a process of divorce, what are her options after the divorce?
I am a EU-citizen living here for many years. If we get married do we need to apply for a new resident card(As she already have one) I guess what I am asking is what is the best way to go from here?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
When did she marry her husband?When did she come to the uk?Tom
Customer: replied 1 year ago.
Hi Tom,married since Sep 2013 came here at the end of the same year, but she was living here on and off - not all the time.Kind Regards,Dimitar
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.Unfortunately as they have not been married for 3 years and divorce proceedings have already been commenced, she cannot apply to retain her treaty rights with a view to securing her stay independently on her own.This means that if she divorces her current husband then she would have to marry you and apply for a further residence card. This is because her right to be in the UK would cease once the relationship is regarded as having broken down.She cannot simply remain on the current residence card because this relates to her current marriage. So, this means that you would have to marry her as soon as possible and then she would have to apply for a new residence card on the basis of your marriage to her.You should still probably be okay but it’s not ideal because technically her right to be in the UK would lapse upon breakdown of the marriage and the home office can in theory require her to make the application from her home country. So, you will have to make the application as soon as you are married and see how you get on. Ultimately, you should be okay though. 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
Customer: replied 1 year ago.
Hi Tom,thanks for the answer. This is exactly what I thought just wanted to make sure.She is not in the country at the moment anyway. Ideally I would like her to come back get divorced and then give a notice to the home office that she not married anymore. Then we get married and apply for a new one from here. Is this generally good idea or the home office may say she needs to apply from her country?Kind Regards
Expert:  Thomas replied 1 year ago.
Hi, If she is not in the UK and she divorces, then the best/least controversial thing to do would be for you to marry her in her home country so that she can then apply from there for an EEA family permit so that she can travel to the UK from her country as your wife:https://www.gov.uk/family-permit/overviewOnce she has done this she can then apply for a further residence card from within the UK and the home office would be hugely less likely to take an objection. Please do remember to rate my answer. Tom
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Customer: replied 1 year ago.
Thank You Tom,you have been very helpful, I rated it.Kind Regards
Expert:  Thomas replied 1 year ago.
You're welcome. Good luck.
Customer: replied 1 year ago.
Tom,one quick question :The marriage was outside of the UK and if she is divorced can she still visit the UK with the current residence card?Kind Regards
Expert:  Thomas replied 1 year ago.
Hi, She shouldn't really, because she would effectively be entering by representing that her relationship had not broken down - which it has - so it could cause problems laterTom