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Retention of right to remain. Non-EEA family member.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Keyidea
Newly Registered
Posts: 8
Joined: Mon Sep 17, 2012 11:43 am

Retention of right to remain. Non-EEA family member.

Post by Keyidea » Mon Sep 17, 2012 12:08 pm

Hello dear experts. Have very simple question.

Married in June 2011 (before lived in Paris for 2 years as partners).
Moved to London in October 2011.
Husband is EEA member.
He started to drink a lot, I want divorce.
I have 5 years residence permit (non-EEA family member) from Jan2012 to Jan2017.
Can I divorce and apply for retention of right to remain in uk, if I have worked in uk since oct 2011, pay taxes and have job contract (earn money by myself)?
It is stated that I can, but is it for sure?

Thank you!
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ravii
Member
Posts: 210
Joined: Fri Jun 15, 2012 1:57 pm
Location: Dorset

Reply

Post by ravii » Mon Sep 17, 2012 2:31 pm

No
Best regards
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sum1
- thin ice -
Posts: 208
Joined: Thu Aug 16, 2012 9:39 am

Post by sum1 » Mon Sep 17, 2012 3:06 pm

Your marriage would need to last for at least three years (and one year at least must be spent in the UK).
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EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Re: Retention of right to remain. Non-EEA family member.

Post by EUsmileWEallsmile » Mon Sep 17, 2012 7:59 pm

Keyidea wrote:Hello dear experts. Have very simple question.

Married in June 2011 (before lived in Paris for 2 years as partners).
Moved to London in October 2011.
Husband is EEA member.
He started to drink a lot, I want divorce.
I have 5 years residence permit (non-EEA family member) from Jan2012 to Jan2017.
Can I divorce and apply for retention of right to remain in uk, if I have worked in uk since oct 2011, pay taxes and have job contract (earn money by myself)?
It is stated that I can, but is it for sure?

Thank you!
Read article 13 of 2004/38/EC, it specifies the conditions by which one retains the right of residence.
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