Diving Into The Details – Securing A UK Visa After Divorce

Diving Into The Details – Securing A UK Visa After Divorce

Every couple has their reason for seeking divorce instead of reconciliation. Some file for legal separation, while others go for divorce.

Whatever your choice is, it’s absolutely imperative that you don’t compromise on your legal rights. It can be difficult and the journey can be both physically and mentally taxing.

While the divorce rates in the U.K. have shown significant decrease (around 9.1 percent) compared to the previous years, there’s no denying the fact that the problem still exists.

Many couples often marry young, leading to problems developing later on. Some of these problems include not being compatible, problems balancing work and their personal lives, and communication problems.

But if you came to the U.K after you got married and aren’t a U.K. citizen, it can be chaotic having to deal with the divorce procedures and what comes next.

The main concern is: can you secure a U.K. visa after getting divorced? Here’s what you should know:

Conditions that Apply

If you’re a non-EEA citizen that has been married to or has been in a civil partnership with an EEA citizen for the past 3 years before the divorce, you may be eligible.

In order to apply, you need to have cohabited with your partner for at least a year (12 month). In this case, you can apply for a Retained Right of Residence.

If You Have Children

If You Have Children

As a non-EEA national spouse or civil partner, you can apply for a Retained Rights of Residence if you have custody of your children. But if you have lived in the U.K. for more than 5 years and have custody of your children, you can apply for a permanent residence.

In Case Your Spouse Passes Away

If after the divorce your spouse passes away and you have the sole custody of your children, then you can apply for a Retained Right of Residence.

But this is if you have lived in the U.K. for at least a year prior to your spouse’s death. Secondly, you must be employed or self-sufficient in order to apply for citizenship or residency in the U.K.

These are a few tips to keep in mind. If you want to learn more, it’s best to contact a family solicitor.

As professional family solicitors in UK, Wembley Solicitors offers professional services regarding divorce and family law, so you can reach a financial settlement that would work in your favour.

If you’re looking for consultation, feel free to contact us through email or call 020 3417 3700 to book an appointment.

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