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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7663
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My Partner is coming to the end of her family permit visa from

Customer Question

My Partner is coming to the end of her family permit visa from Chile staying here in Edinburgh. Her husband, whom she is separated from but moved to the uk with has a German Passport. Her Daughter who 15 also has a German passport. We are looking to extend her visa and stay in the uk and would like to know the best route and way to proceed? Any help or advice greatly appreciated.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Thanks for your question.
Do you mean that she is on an EEA family permit or residence card?
When did she marry her husband?
How long has she been in the uk?
Kind regards,
Customer: replied 2 years ago.

Yes she is on an eea permit. She married her husband in 2008 in Chile. She has been in the uk since October 2010.

Expert:  Thomas replied 2 years ago.
Have divorce proceedings been initiated?
Kind regards,
Customer: replied 2 years ago.

No not at present

Expert:  Thomas replied 2 years ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Obviously, if she remained in a married relationship with her EEA spouse then she could apply for Permanent Residence once she has reached 5 years in the UK.
Permanent Residence is the right under EEA rules to remain permanently in the UK regardless of any dependency on any other person.
However, if it is the case that they are separated and divorce is likely then probably the best thing to do would be to issue divorce proceedings now and at the same time apply for Retention of Treaty Rights. This is where a non-EEA spouse has been married to the EEA national for more than 3 years and lived for at least one of those years in the UK prior to the initiation of divorce proceedings. She would appear to be eligible for this is she initiated divorce.
So, once she has done this her EEA rights would be maintained. This would allow her to stay in the UK until she reaches her 5 year residence period and then she could apply for Permanent Residence regardless of whether the divorce had been made absolute. This would probably be the most sensible way forward at this stage.
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,