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Category: Law
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I am wondering how my residency in the UK will be affected

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I am wondering how my residency in the UK will be affected if I divorce
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: no. I'm in the UK
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm presettled and my visa is spouse dependent. We've been married almost 5 years
Customer: replied 14 days ago.
I want to add that I have a British son, who is 1 year old. In August I will be married 5 years to my husband and father of my child. He is Italian and holds an Italian passport. In 2017 when we married I applied for a EEA visa. My question is, if I apply for divorce before 5 years is up, will my residence in the UK be in jeopardy? Or should I wait until I first apply for settled status, and get that approval first?

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

No. A divorce will not affect your residency or your settlement visa (pre-settled status).

Usually, once your Immigration status is dependent on a continuing relationship you may be able to apply for an alternative visa such as a parent of a child visa, work visa or;

If you have been subject to domestic violence in your relationship, you may qualify to apply for Indefinite Leave to Remain even though you may not meet the standard Indefinite Leave to Remain residence requirement rules.

Lastly, you will need to tell the Home Office if you get divorced from your partner.

Is there anything else I can help with today?

Customer: replied 14 days ago.
I have been subjected to emotional abuse. Would that count?
Customer: replied 14 days ago.
I intend to apply for divorce as soon as possible as the home life has become unbearable. I don’t think I can last until August which marks 5 years of marriage.
Customer: replied 14 days ago.
I understand I can apply for an alternative visa as the parent of a child here. Does that restart my presettled status?
Customer: replied 14 days ago.
As in I need to wait another 5 years before being Settled?

No, you will only apply for other visas once it will affect your immigration status. Since your residency will not be affected, you can remain in the UK. Emotional abuse will also be considered domestic abuse, you should have proof like a letter from your GP.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.

Customer: replied 14 days ago.
Thank you. I’ve read that on the parent visa I can stay for about 2years. After that would I qualify to apply for Settled Status? As I’d have been in the UK for 7 years (8 years if counting from 2016 when I started school here)?
Customer: replied 14 days ago.
My EEA visa is valid until Feb 2023… so I’ll need to apply as a parent fairly soon, right?
Customer: replied 14 days ago.
I’d also need some government funds as I’m not yet working whilst taking care of my baby. Would entitlement to UC for example, be affected after I apply for divorce and before I get an alternative visa? Thank you!

Yes indeed. We are always available to help and please do let me know if you have any other questions I can answer for you.

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