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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Morning how you doing? I have been married with my wife from

Resolved Question:

Morning how you doing? I have been married with my wife from Slovakia 3years 8minths and we are in a process of a divorce. I want to know if I will be able to have my papers after our divorce.
She was not working during this period but I was working
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

What nationality are you please?

Tom

Customer: replied 1 year ago.
Am a Gambia my status in here is an EU family member
Customer: replied 1 year ago.
Sorry Gambian
Expert:  Thomas replied 1 year ago.

Hi,

Thanks.

Have you lived together in the UK for more than one year?

Tom

Customer: replied 1 year ago.
I have legally live here for 7yrs now
Customer: replied 1 year ago.
Yeah we live together for morn than three years
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now, 5 mins please.

Customer: replied 1 year ago.
No problem thanks
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

You should be fine, but you will need to make an application to retain your treaty rights as a result of divorce.

A non-eea national is permitted to make an application to retain their treaty rights where they are living in the UK with an EEA national exercising treaty rights (ie. by working, studying or otherwise being self-sufficient (ie. not claiming excessive benefits)) if:

{C}1. The couple have been married for three years or more at the date divorce proceedings are issued, and

{C}2. The couple have lived in the Uk for one year or more at the date that divorce proceedings are issued.

Please see confirmation of this on the following link:

https://www.gov.uk/family-permit/retained-rights-of-residence

So, provided that you were married for 3 years before your divorce petition was issued then you will be able to make an application to retain your rights.

This means that you will be issued with another residence card independently of your divorce once you have had your application accepted.

This also means that you will be able to apply for permanent residence once you reach 5 years residence in the UK from the date you receive your original residence card based on your marriage.

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.
After getting marriage she only work for few months and after that she was not working. Is that going to affect me if we divorce?
Expert:  Thomas replied 1 year ago.

Hi,

It depends. If she can show that although she was not working she did not claim excessive benefits from the state then you will most likely be okay because you will be able to argue that she was exercising "treaty rights" by being self sufficient.

IF she has claimed excessive benefits since she has stopped working then it could be a problem.

I would certainly consider instructing a solicitor to prepare the application for you because it's important that the issues are addressed pro-actively in the application.

Please remember to use the stars at the top of the page to rate my answer positively.

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
What will happen if she is claiming benefits and We still in the marriage till I made my applications how am I going to be affected?
Expert:  Thomas replied 1 year ago.

Hi,

It depends on how much benefits she has received. It is a question of time and degree.

A small amount of benefits over a short period of time and you will probably be okay. Any more than that and it could be a problem. You definitely need to instruct a solicitor before you make the application to check and be proactive.

Good luck

Tom

Customer: replied 1 year ago.
Thank you very much
Expert:  Thomas replied 1 year ago.

You're welcome.