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✎ EN Divorce and citizenship

Temat na forum 'Immigration UK' rozpoczęty przez girl, Maj 12, 2006.

  1. girl

    girl New Member

    Dołączył:
    Maj 12, 2006
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    hi
    my firned is african and he has been married to a polish citizen for two years and has been living in the UK with her for two years. After two years of marriage she wants to apply for a divorce, as he has settled pretty much in the UK is there anyway possible that he could stay in the UK after the divorce as the requirement to obtain britis citizenship is 5 years.

    Also is it not possible for him to obtain a polich citizenship thereby allowing him to stay in this country aswell?
     
  2. Triple H

    Triple H Addicted member

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    Unless permanent UK residency status has already been granted to the visa national family members residency status may be lost if the EEA/EU person loses the right to live in the UK, if you leave the UK permanently, if the EEA/EU person or the visa national are not working and cannot live without support from Public Funds, if you divorce.


    What this means :"status may be lost ",is that all depends on your personal circumstances,and decisions are made accordingly.I would strongly advise you to get a solicitor nearer the time.
     
  3. rhea

    rhea Active Member

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    Divorce is not a reason to lose right of residence if a person is non-EU, and since EU laws supercede those of the UK, they can be applied. Your friend can remain in the UK, given that the conditions below apply to him:

    2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:

    (a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or

    (b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen's children; or

    (c) this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or

    (d) by agreement between the spouses or partners referred to in point 2

    (b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.

    Good Luck!
     
  4. girl

    girl New Member

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    I tried to reply before im not sure if it went through so apologies if there are two of these comments on the forum.

    I was wandering what this particualr requirement of the staute meant
    (d) by agreement between the spouses or partners referred to in point 2
    does this mean that if the EU national agrees that he can stay and they mutually divorce that he will be able to stay.

    Also he has lived in the country for a total of 4 years but been married for two years in this country does this help hiis case?
    Also he has a full UK licence and a fulltime job and pays taxes and has a national insurance number does this help his case?
     
  5. Triple H

    Triple H Addicted member

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    One way or another your friend will definitely need solicitor.

     
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