EEA FM visa planing to Divorce

[xiaosdexter]

Hi, Everyone

I hope I can get some helps from here,

Me and my partner has married nearly 3 years ago, he is from the EU country, we had very good relationship in the beginning but since we have worked together in a business we couldn't manage the relationship very well. One year ago, he just left UK to his home country suddenly.

Recently he has sent me a message asking for divorce as soon as possible, as i understand if we have married since 3 years and lived together for one year I will be able to apply for a new visa to stay. I did ask him to give me a hand to start to process in few months but it seems more likely he won't help.

Please let me know if i will be able to stay in UK, I have been working my blood out for my business in the last few years I can't afford losing it.

[noajthan]

Where is your sponsor now?

Sponsor needs to be present in UK (sponsoring you and exercising treaty rights as a qualified person) or else your basis to remain and work in UK is in doubt.

And sponsor needs to be in UK when the divorce is initiated or else your ROR will fail.

A national of a third country who is married to an EU citizen residing in a Member State other than the citizen’s own State can no longer enjoy a right of residence in that State where the EU citizen leaves that State before the commencement of divorce proceedings

Ref http://curia.europa.eu/jcms/upload/docs ... 0085en.pdf

[xiaosdexter]

Where is your sponsor now?

Sponsor needs to be present in UK (sponsoring you and exercising treaty rights as a qualified person) or else your basis to remain and work in UK is in doubt.

And sponsor needs to be in UK when the divorce is initiated or else your ROR will fail.

A national of a third country who is married to an EU citizen residing in a Member State other than the citizen’s own State can no longer enjoy a right of residence in that State where the EU citizen leaves that State before the commencement of divorce proceedings

Ref http://curia.europa.eu/jcms/upload/docs ... 0085en.pdf

thanks for your reply
at the moment he is in France, I thought the home office says that there should be at least one year he is living in the UK and working or self-employee

[noajthan]

thanks for your reply
at the moment he is in France, I thought the home office says that there should be at least one year he is living in the UK and working or self-employee

That's part of the requirement. The sponsor also needs to be in UK (whilst you are married and the dependent of your sponsor)!

Have you read the linked document that explains these matters?

And if your sponsor has already been in France for a year (or more) then your right to reside in UK is unclear even now (even before you file for divorce).