How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I would like to inquiry about my right for residency. I am

Customer Question

I would like to inquiry about my right for residency. I am currently on a EEA family permit visa for 5 years. Unfortunately our marriage doesn't work out the way it should be, and I am going to apply for divorce. I am worry once we have divorce I have to leave the country immediately.
As I have live in the Uk for 7 years now, I came to UK as a student. Me and my husband had been married for 3 years and 5 months and my EEA family permit visa will be expired on November 2018.
I am just wondering if me and husband have divorced, can I apply for permanent resident as an individual?
Many thanks in advance and looking forward to hear from you soon.
Best regards,
Vivian
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Thomas replied 1 month ago.

Hi

Thanks for your question. I will try to help.

If you have only been on your EEA residence card since November 2014 then you will not be able to apply for permanent residence yet.

If divorce proceedings have not commenced yet then you would be eligible to apply to retain your treaty rights when they are. If you do not apply to retain your treaty rights then your status in the UK is at risk.

Usually when an EEA citizen divorces a non-EEA citizen on a family permit a non EEA citizen loses their right to stay in the UK.

However, under the Retention of Treaty Rights Rules, if you have been married for three years and have lived one of the years in the United Kingdom together by the time that divorce proceedings have commenced then the non-EEA national can apply to retain their rights.

This means that you would make an application so that you would be able to stay in the UK after you have retained your rights up to the period of time that you need in order to apply for permanent residence.

You would have to apply to retain your treaty rights only once divorce proceedings have commenced and can do so using the following form:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/528255/EEA_FM__06-16.pdf

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 month ago.
Hi Tom,Many thanks for your quick reply. I just checked my EEA family permit. I actually received the permit on November 2013, in this case can I apply for permanent residence?
Expert:  Thomas replied 1 month ago.

No. You can only apply for PR once you have been in the UK for 5 years under EEA rights. The time you spent previously as a student on student visa does not county because this would have been under the immigration rules which are different to EEA rights.

If you switched to an EEA residence card and started living in the UK under eea rights in November 2013 then you would only be able to apply for PR (assuming that you retain your treaty rights) in November 2018.

Please remember to leave feedback,
Tom

Expert:  Thomas replied 1 month ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 1 month ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm