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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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I was living in the UK on a spouse visa with my husband

Customer Question

Hello, I was living in the UK on a spouse visa with my husband (he is British). I have a permanent job position in the UK, although I am currently on maternity leave. My husband has left me and moved to another country. Can I stay in the UK on the basis of my job?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Alexsandra, the first thing you need to realise is that simply having a job in the UK doesn't give you a right to remain in the UK. In order to remain in the UK on the basis of your job, you need to be in one of the categories for which workers are sought for Tier 1 or Tier 2 visa and your salary needs to exceed the limits specified for each type of visa. So, I would suggest you first read a bit on the web about both types of visa, if you wish to follow up this line of approach some time in the future.
Expert:  Buachaill replied 1 year ago.
2. However, until such times as you get divorced from your husband, your spousal visa to live in the UK is still valid. So although your husband might have left the UK, there is currently nothing which forces you to leave the UK or that suddenly extinguishes your visa. You can continue living in the UK until such times as it runs out or your husband divorces you and gets the final divorce order. So, you might become entitled to UK citizenship if you live in the UK for five years legal residence before any divorce happens or the visa runs out.
Expert:  Buachaill replied 1 year ago.
3. If you want to provide further details of your job and when you got your visa and when it runs out, I can assist further. You should also mention whether you have any children and whether they were born in the UK. You have a right to live in the UK if you have an EU citizen child.
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Customer: replied 1 year ago.
DearCustomerThank you for your reply.My job is 'SAS programmer'. It's a job in Information Technology field.Yes, my and my husband's daughter has double citizenship: British and Russian.Do you think you could help me?
Expert:  Buachaill replied 1 year ago.
4. Dear Alexsandra, under the Zambrano judgment of the European Court of Justice, every parent of an EU citizen child has the right to live and work in the EU to support that child. Accordingly, having a daughter who has Uk citizenship gives you the right to live and work anywhere in the EU to support that child. So you can apply in the UK for a visa on the basis of your daughter's citizenship to live and work in the UK. This route leads to citizenship for you after five years living and working in the Uk. Be aware that if you have already, or will, live for five years in the UK on your spouse visa (or on a combination of both) you are also entitled to take out Indefinite Leave to Remain, after five years lawful residence, and then citizenship one year later.
Expert:  Buachaill replied 1 year ago.
5. So, I would advise you to use these methods to obtain UK citizenship and then visa issues are a thing of the past. Your job could potentially provide you with a visa as well. However, your daughter's citizenship and your spousal visa are a more surefire way to get citizenship for yourself.
Customer: replied 1 year ago.
Thank youCustomer Would be able to assist me in this appllication?
Expert:  Buachaill replied 1 year ago.
6. Dear Alexsandra, I no longer live in the UK (I live somewhere warmer), so assisting you in your application is not really an option. If you want assistance, I would suggest you get a solicitor experienced in Immigration to help you.