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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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MY WIFE IS AN IRANIAN NATIONAL. I MET HER ONLINE, WE GOT

Resolved Question:

MY WIFE IS AN IRANIAN NATIONAL. I MET HER ONLINE, WE GOT MARRIED IN CYPRUS 4 YEARS AGO BUT SHE HAD TO REMAIN IN CYPRUSE FOR THE FIRST TWO YEARS UNTILL I FOUND A WAY TO BRING HER TO LIVE WITH ME IN THE UK, I FINALY BROUGHT HER TO THE UK WITH ME ON A FAMILY MEMBER OF AN EU MEMBER AND SHE LIVED WITH ME FOR TWO YEARS ON AND OFF BUT SHE IS IN LOVE WITH HER DRIVING INSTUCTOR I FEEL SHE NEVER LOVED ME FROM THE DAY SHE MOVED TO THE UK BUT REMAINED WITH ME BECAUSE OF THE VISA. SHE PROVED AN ARGUMENT WITH ME A WEEK AGO AND TRIED TO TAKE AN OVER DOSE WITH SLEEPING PILLS SO I HAD TO STRUGGLE TO TAKE THEM OF HER, AND I SCRATCHED HER ARM IN THE PROCESS AND SHE CALLED THE POLICE TO ACCUSE ME OF DOMESTIC ASSAULT WHICH IS NOT TRUE, AND SHE DID NOT WANT TO PRESS CHARGES BUT I WAS ARRESTED AND KEPT 13 HOURS IN A CELL THEN RELEASED WITHOUT NO CHARGE OR WARNING. I KNOW SHE USED ME JUST TO STAY IN THE UK. SHE DOERS NOT WANT A DIVORCE FROM ME BUT WANTS TO BE FREE TO SEE THE OTHER MAN. IF I REPORT THIS TO THE HOME OFFICE THAT OUR MARRIAGE IS NOT REAL ANY MORE AND HASNT BEEN FOR 18 MONTHS CAN SHE STILL REMAIN IN THE UK, BY GETTING HER OWN VISA
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****my, until such times as you get a final divorce decree ending the marriage between you and your wife, your wife's visa as the spouse of an EU national will continue in full force and effect. So, until the actual divorce has gone through, your wife will have the right to live and work in the UK. It is not sufficient to end her visa that you may be having difficulties in your marriage or that you may be living apart. The actual marriage must be ended by a divorce decree. Merely applying for a divorce is not sufficient. The divorce must be made final so that you are no longer man and wife. Once the marriage is ended, then she will be given 30 days within which to leave the UK as her visa will then be ended.

Expert:  Buachaill replied 1 year ago.

2. Please Rate the answer as unless you Rate the answer your expert will receive no payment for answering your question.

Customer: replied 1 year ago.
what i actually wanted to know is if she can apply for her own visa to stay uk , at the moment she has a resplendent permit because she is married to an EU menber
Customer: replied 1 year ago.
sory she has an EEA family resident card that expires on sep 2019
Expert:  Buachaill replied 1 year ago.

3. She cannot apply for a free-standing visa to stay in the UK unless she has some other grounds, other than being married to an EEA national, upon which she can apply. There is no such thing as an Iranian national getting a UK visa UNLESS they fall within some other category for which visas can be given. There is no such thing as a free standing visa whereby someone who is married to an EEA national can apply for their own separate visa independent of the EEA national. She would need a job offer, for example to fall within the categories of visas for which employed persons get residency in the UK.

Customer: replied 1 year ago.
can she a apply for return right of residency and would that allow her to stay in UK. She is already working in the UK so does that enable her to stay swell.
Expert:  Buachaill replied 1 year ago.

4. What do you mean by a "return right of residency"? I have never heard of such a thing. Secondly, just because you are working in the UK, this does not enable her to stay in the UK. She must have a job in one of the specified categories for which visas are required and earn a minimum amount of money. For General jobs, this is over £150,000 per annum.

Customer: replied 1 year ago.
sorry not right of return of residency but retain right of residency can she get that
Expert:  Buachaill replied 1 year ago.

5. As your wife has only been two years in the UK, she will not get a right of residency on her own.

Customer: replied 1 year ago.
LOOK WE HAVE A PROBLEM , I DO NOT WANT TO SEE MY WIFE DEPORTED OR HER HAVING TO LEAVE BUT WE WANT A DIVORCE SO ARE YOU SAYING FOR SURE SHE WIOLL HAVE TO LEAVE DESPITE THE FACT WE BEN MARRIED 4 YEARS , 2 YEARS IN CYPRUS AND 2 YEARS AND ONE MONTH HERE IN UK
Expert:  Buachaill replied 1 year ago.

6. Your wife will only have to leave if you force a divorce through the courts to a conclusion before she has been living in the Uk for 5 years, at which point she can apply for Indefinite Leave to Remain and thereafter have a separate independent right to live and work in the UK. Alternatively, she can divorce you and marry this driving instructor and get a visa based on his situation. However, those are the options. She only has to leave if you force the issue.

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