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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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My husband decide to end our relationship just after he

Resolved Question:

My husband decide to end our relationship just after he received an 5 years UK visa based on our marriage. I would like to know if he can lose this visa? in which position is he in order to retain the visa? in which conditions he can lose this visa
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
we have 5 years of marriage, and we move to London 22th May last year, he applies for the visa in middle of July, he received the visa in January-February, and he leave our home in April
Customer: replied 1 year ago.
He is venezuelan and I am italian, so first he applied for the family permit and right after to the current visa card for 5 years
Customer: replied 1 year ago.
currently we both have jobs
Expert:  Thomas replied 1 year ago.

Hi

Have divorce proceedings been issued yet?

Tom

Customer: replied 1 year ago.
no, no yet . I want to know what can be done and be sure before to do it.
Customer: replied 1 year ago.
I am not sure if I have to notifying the home office first, and if I decide to introduce the divorce how long will take until he is force to leave the country?. I will prefer that he does not have time to apply for retain the right to stay in UK or to apply for a new visa.
Customer: replied 1 year ago.
I understand that I leave the country he will have to leave too, but that's not an option that would like to do.
neither the divorce or at least not yet, so I would like to know all the possible cases for him to lose the visa, and what happen if I notify to the home office, will he be force to leave ?
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience.

Unfortunately, as you have been married more than 3 years and have spent one of those years in the UK then he would be permitted to apply to retain his treaty rights under EEA rules.

This is where a non-eea spouse of an EEA national can apply to retain their rights of a residence card (ie. To stay in the UK for 5 years) once divorce proceedings have been issued .

So, he can apply for this because of the length of your marriage. If you have either not been married for 3 years or had not spent a year in the UK together then he would have no options but unfortunately it’s likely he will be able to stay if he makes the application to retain his rights.

If he does not make the application then it’s possible that he may not be able to secure his stay in the UK in 4 years time when his residence card runs out.

Were you to say that the relationship broke down sometime before he had been in the UK for one year then it may be a bit difficult for him to retain his rights, but still not impossible. You’re only options is to advise the home office of when you consider the relationship has broken down and they will likely curtail his residence card, but if he takes advice from a solicitor then they will say to issue divorce proceedings and apply to retain his rights straight away.

I am sorry that I could not have better news for you.

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. If you are satisfied then please leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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