RRR - Married 3 Years, Lived together for 1 year

[licardoso]

Hi all, I know there are loads of posts about Retained Rights of Residence but I really couldn't find what I am looking for. Hope one of you could help!

Sorry for the long post but I spoke with two lawyers and now I am very confused, so here's my situation:

I am a Brazilian national, entered the UK in March/2008 on a Student Visa - extended it twice to finish my studies and complete my Masters degree. Last visa was a post-study issued in May/2011.

I met my ex in April/2008 (one month after arriving) and started dating in May/2008. Got married April/2013 and applied for EEA Family Member April/2013 - received Residence Card June/2013 (valid for 5 years).

Unfortunately, the relationship ended September/2014 in good terms but we went our separate ways. We kept in touch, and now have decided to apply for divorce next May (after the completion of 3 years of marriage).

My question - Lawer Number 1 said it was all fine, as we will only start divorce proceedings after completing 3 years.
- I can prove with a tenancy agreement (6 months), payslips and bank statements that we lived together in the UK for 16 months.
- He has always worked and exercised treaty rights. Never received any benefits.
- I work full-time as if I were an EU citizen.

HOWEVER, Lawyer Number 2 said I will have to explain the gap (between October/14 to April/16) as UKBA requirement is to have been in a GENUINE marriage for 3 years (meaning, in a relationship and not separated).

Also, my job requires me to travel and I have a trip schedulled for July (middle of the divorce). Lawyer Number 1 said it would be fine to travel with no issues re-entering the country BUT Lawyer Number 2 said it is not advisable to travel during this time and they might refuse entry and cancel my visa on the spot.

I am no lawyer but I understand you do not cease to be a family member until the divorce is finalised, therefore do not lose your rights. Is that right?

Can anyone help please?

Many many thanks!
Lica x

[licardoso]

Hi all, I was hoping you could help me with that:

I am a Brazilian national, entered the UK in March/2008 on a Student Visa - extended it twice to finish my studies and complete my Masters degree. Last visa was a post-study issued in May/2011. I met my ex in April/2008 (one month after arriving in the UK) and started dating in May/2008. Got married April/2013 in the UK. Applied for EEA Family Member April/2013 and received Residence Card June/2013 (valid for 5 years).

Unfortunately, the relationship ended September/2014 in good terms but we went our separate ways. We kept in touch, and now have decided to apply for divorce next May (after the completion of 3 years of marriage so I can apply for retained rights).

My job requires me to travel and I have a trip schedulled for July (middle of the divorce proceedings). I spoke with two lawyers: Lawyer Number 1 said it would be fine to travel with no issues re-entering the country BUT Lawyer Number 2 said it is not advisable to travel during this time and they might refuse entry and cancel my visa on the spot.

I am no lawyer but I understand you do not cease to be a family member until the divorce is finalised, therefore do not lose your rights. Is that right?

Many many thanks!

[noajthan]

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