EEA Divorce

Under European Regulations, There are now a number of circumstances in which non-EEA national family members can remain in the UK even if their marriage breaks down.

Other than the breakdown of marriage the 2006 EEA Immigration regulations do also allow family members an spouses of EEA nationals may keep their right to remain in the UK if the EEA national leaves the UK or dies .These circumstances are set out in regulation 10 of the 2006 Regulations.

How do I stay in the UK if I am migrant whose marriage to a UK national has broken down?

As an applicant, our immigration lawyers will be able to assist if:

1. The marriage or civil partnership (gay marriage) should have lasted for at least three years immediately before the divorce process started; and

2. Of that 3 years, the couple must prove that they lived together in the United Kingdom for one year whilst they were married, or, alternatively, the former spouse or civil partner of the qualified person has custody one of the children of the marriage or a right of access given by a consent or der or the court to the children of the marriage in the UK, or

3. There are particularly difficult circumstances (such as domestic violence) which would justify the foreign national remaining in the United Kingdom. And

4. In most cases both the EEA spouse and the Non EEA spouse should be working, self employed or exercising treaty rights.

Our experienced Immigration lawyers can assist, please contact us at your convenience.

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