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SASH_Law
SASH_Law, Lawyer
Category: Immigration Law
Satisfied Customers: 6399
Experience:  Director at No.53 Legal Limited
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Is it possible to get visa on my own basis in uk

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Hi I am Clarissa is it possible to get visa on my own basis in uk

Hello Clarissa, how are you today? 


I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

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Customer: replied 14 days ago.
Hi I m here in eu settlement haven’t yet divorce but we r living separately n still do have my visa but I want to knw if I can get visa on my own bases

How long is your visa for?

Customer: replied 14 days ago.
5 year till 2025
Customer: replied 14 days ago.
I came uk September 2020

Yesterday I asked if you were on a spousal visa - you said yes.

If you're here on the EU settlement scheme, then your right to remain is dependent on the person who brought you here.  And to be able to stay once that sponsorship is gone, you would have needed to be eligible to retain a right of residency.  On the basis of the information you have given me you may be eligible but you will need to review the information below and at the link to determine if you are.

In terms of a divorce or relationship breakdown, those who were in the relationship and their family members can apply to the EU Settlement Scheme so long as one of the following applies:

  • the marriage or civil partnership lasted for at least 3 years and the couple had both been living in the UK for at least one year during that time

 

  • you have custody of the EU, EEA or Swiss citizen’s child

 

  • you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child and the child is under 18

 

  • you or another family member was the victim of domestic violence or abuse in the marriage or civil partnership

The right to reside is a complicated area of law, so you may wish to instruct a lawyer to act on your behalf to help you make the application.

You can find out more about how to apply and if you are eligible here: https://www.gov.uk/family-permit/apply-retained-right-of-residence

Customer: replied 14 days ago.
Our marriage will b 3 years this December but v stayed together for 2 year

You may not be eligible then - but do check the link above, and contact a solicitor if you need assistance with applying.  You also have to apply from outside of the UK.

You can find one here: solicitors.lawsociety.org.uk

Customer: replied 14 days ago.
Thankyou

You're welcome, glad to assist.

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