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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1148
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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I would like to know if I can get divorce with my British

Customer Question

I would like to know if I can get divorce with my British husband and can I keep the visa or not
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: no is haven’t done anything, I’m Russian , live in the UK
JA: Have you talked to a lawyer about the visa?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 11 days ago.
Category: Immigration Law
Expert:  Tamari SL replied 11 days ago.

Welcome to Just Answer, I will be assisting with your question today. Please note that my support on this site is for general information only and there is no intention to create a legal relationship. Thank you!

Expert:  Tamari SL replied 11 days ago.

Please ignore any phone call request pop-up if you do not wish a telephone consultation, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Tamari SL replied 11 days ago.

To confirm, do you currently have a spouse visa?

Expert:  Tamari SL replied 11 days ago.

hi, are you here?

Customer: replied 11 days ago.
Hi sorry i didn’t know you answered , I moved here from Europe and my visa is EU SCHEME pre-settlement
Customer: replied 11 days ago.
We got married in Europe in 2019
Customer: replied 11 days ago.
I’ve got a visa for UK only last year
Expert:  Tamari SL replied 11 days ago.

No worries.

Answering your questions, if you will get divorced from your partner, you must notify the Home Office which means that your visa will be curtailed and you will be required to leave the UK.

Customer: replied 11 days ago.
you mean under no circumstances there is a way to keep a visa ? Only if I get a settle status ? Or even then I will be refused for visa
Expert:  Tamari SL replied 10 days ago.

If you get settled status nd you will get divorced after, you will not have any problems.

Customer: replied 10 days ago.
I saw on the internet something like : if you married for more then 3 years and lived in the UK for more then a year then you may keep visa, is that a thing?
Expert:  Tamari SL replied 10 days ago.

If you follow the link below, the information you stated is mentioned below: https://www.gov.uk/family-permit/apply-retained-right-of-residence

Please also contact the EU resolution center, they will be able to confirm if this is possible. 0300(###) ###-####/p>

Expert:  Tamari SL replied 10 days ago.

Hope it helps! Thank you

Customer: replied 10 days ago.
Ah well yes I hope it helps thank you!
Expert:  Tamari SL replied 10 days ago.

The thing here is that you are a partner of the British National not EU national. Therefore, I would contact the EU resolution center first and ask.

Customer: replied 10 days ago.
But sorry why EU? Because I’m not from EU, am Russian
Expert:  Tamari SL replied 10 days ago.

Retained right of residence is for partner of EU nationals.

Customer: replied 10 days ago.
okay sorry I got confused, so because he is British I have to contact EU resolution center ?
Expert:  Tamari SL replied 10 days ago.

You stated above: " I moved here from Europe and my visa is EU SCHEME pre-settlement" and you also stated you have a British Citizen husband. In order to inquire about the retained right of residence, it will be helpful if you could contact the EU resolution center first and see what they advise.

Customer: replied 10 days ago.
Ah okay but i don’t have a residence in Europe. I only lived and worked in Europe for 7 years. So I don’t think EU can help me. I will stick with gov.uk :) thanks