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Discussion Starter · #1 ·
i'm not EEA member and I'm living in Uk since jun 2013 .we start our divorce procedure in july 2015 (02 years of marriage) my wife is europeen .

i have 05 years legal stay in Uk from jan2015 until jan 2020 and since 04 months ago i'm working in permanent position as engineer in company .

my questions :

1/ if this divorce after 02 years of marriage will affect after my situation ,even i'm working in permanent position as engineer in company .

2/ in jan 2020 i'll be legaly stay in uk for 06 years and half (2013-2020 ) ,can i apply than for naturalisation or not and what is the best option for me .

Thank you
 

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I'm moving this to its own thread as it has nothing to do with citizenship via naturalisation.

I'm sorry that your marriage has broken down to the point where you feel the need to divorce your wife.

Good luck to you in the coming days and weeks.
 

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i'm not EEA member and I'm living in Uk since jun 2013 .we start our divorce procedure in july 2015 (02 years of marriage) my wife is europeen .

i have 05 years legal stay in Uk from jan2015 until jan 2020 and since 04 months ago i'm working in permanent position as engineer in company .

my questions :

1/ if this divorce after 02 years of marriage will affect after my situation ,even i'm working in permanent position as engineer in company .

2/ in jan 2020 i'll be legaly stay in uk for 06 years and half (2013-2020 ) ,can i apply than for naturalisation or not and what is the best option for me .

Thank you
You are only in the UK because your EEA/EU wife is exercising freedom of movement under UK law, and is entitled to have her spouse with her. If you divorce, that will no longer apply, and you will have to right to stay in the UK. Whether you are working or not has nothing to do with it. From the date your divorce becomes final, you will be an illegal immigrant and your current residence status will be invalid.
 

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Discussion Starter · #4 ·
I'm not the person who asking for divorce .can you eplain to me please what is the procedure for naturalisation !!! and if i could extend my visa after 05 years if me and my wife we will be seperate or divorce together .
 

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I'm moving this to its own thread as it has nothing to do with citizenship via naturalisation.

I'm sorry that your marriage has broken down to the point where you feel the need to divorce your wife.

Good luck to you in the coming days and weeks.
Hi,
sorry, buit you are wrong in stating the the OPs posting has nothing to do with nationality or citizenship. Read it again through to the end, and you will see that is exactly what he is asking about.

What he means is that he has already has a residence permit that expires in 2020. Under normal circumstances, (ie, being married tonan EEA/EU citizen residing in the UK he would be ENTITLED to a permanent residence card after after 5 yers legal residence. One year later, he would be able to apply for citizenship by naturalisation, provieded he met the English language standard, and had passed the 'Life in the UK' test. Citizenship is NOT an entitlement, but is not normally denied to those who meet the requirements for it.
What he is asking is can he still follow this path if divorced, and the answer is a resounding NO!
 

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I'm not the person who asking for divorce .can you eplain to me please what is the procedure for naturalisation !!! and if i could extend my visa after 05 years if me and my wife we will be seperate or divorce together .
I'm sorry but I already gave you the answer. It does not matter who is asking for the divorce. after divorce you willl have no right to remain in the UK, and will not be entitled to further residence of any kind under EU law.
There may be another route for you, and that is if your employer is willing to apply for a work permit for you as a skilled worker. But it is a bit flimsy, because your emploey would have to prove that there was nobody in the UK or he EU/EEA available to do the job.
 

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Hi,
sorry, buit you are wrong in stating the the OPs posting has nothing to do with nationality or citizenship. Read it again through to the end, and you will see that is exactly what he is asking about.

The moderator simply moved the OPs post to its own thread as it isnt primarily about nationality or citizenship and deserves its own thread ;)

Jo xxx
 

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Discussion Starter · #8 ·
Thank you joneeboy ....in 2020 i'll be living in UK around 07 years in legal .my question is if i have a chance for narualisation because i saw that you can apply for that after living 05 years or any procedure to keep me longer here as i said that i have a permanent position as engineer in UK.

we will start our divorce procedure soon ,and i belive that maybe will take a few months .anyway our marriage is 02 years
 

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Discussion Starter · #9 ·
so joneeboy ...i heard that after 03 years of marriage with EU member ,you have a chance to apply for ILR.....can anybody explain to me more please
 

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Hi,
sorry, buit you are wrong in stating the the OPs posting has nothing to do with nationality or citizenship. Read it again through to the end, and you will see that is exactly what he is asking about.

What he means is that he has already has a residence permit that expires in 2020. Under normal circumstances, (ie, being married tonan EEA/EU citizen residing in the UK he would be ENTITLED to a permanent residence card after after 5 yers legal residence. One year later, he would be able to apply for citizenship by naturalisation, provieded he met the English language standard, and had passed the 'Life in the UK' test. Citizenship is NOT an entitlement, but is not normally denied to those who meet the requirements for it.
What he is asking is can he still follow this path if divorced, and the answer is a resounding NO!
I moved this post to its own thread because the original thread that OP had posted in, the OP of that thread was asking about how long of a wait she could expect for the Home Office to process her naturalisation application and as such, this thread is off topic as far as that original thread goes.
 

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To gain retained right of residence, you must have been married for at least 3 years and have lived together in UK for a year when the divorce proceedings started. As you have only been married 2 years, you don't get retained right. You will also have continued right of residence until the divorce is finalised (grant of decree absolute), provided that EEA citizen remains a qualified person (is exercising treaty rights in UK). So you will cease to have the right to stay in UK either when your divorce is finalised, or your partner stops being a qualified person (e.g. by leaving UK), whichever occurs first. So in order to stay longer, you need to get a visa in your own right such as sponsored work visa. Your 5-year residence card will be cancelled when you no longer have the right to stay in UK.
 

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so joneeboy ...i heard that after 03 years of marriage with EU member ,you have a chance to apply for ILR.....can anybody explain to me more please
Sorry, you have been misinformed. ILR is not a route that is available as a result of marriage to an EEA/EU citizen. You are mixing it up with what is available to the spouse of a British citizen, and its not related to time married.The non British spouse of a British citizen, after residing together with the citizen in the UK for a period of three years may apply for indefinite leave to remain.
That is under British law, not EU law.
In your case,your right to be in the UK is derived from your Irish wife. If you divorce in july as she plans, your right will terminate, your residence permission will be cancelled and you should leave the UK.
 

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Thank you joneeboy ....in 2020 i'll be living in UK around 07 years in legal .my question is if i have a chance for narualisation because i saw that you can apply for that after living 05 years or any procedure to keep me longer here as i said that i have a permanent position as engineer in UK.

we will start our divorce procedure soon ,and i belive that maybe will take a few months .anyway our marriage is 02 years
Hi again Chris. First, if you are referring to divorce in the UK, as long asthey have been married for over one year, any one can apply for divorce. A simple case does not take anywhere near a few months. It can be more like a few weeks, as was mine a few years ago. The applicant only needs to go to the nearest family court office, ask the clerk for the form and the guidance notes, complete the form, pay the fee and wait. The court will take over from then, serving notice on the other party, so he/she can reply, and soon notifying both parties of the date for a court hearing, which neither of you need attend.In my case it was only 9 weeks from first application to 'decree absolute', meaning confirmed to be final.
Divorce can be cheap and easy and you don't need lawyers, especially if there are no children and no joint property involved.It is possible to defend a divorce, but that will only delay it, not stop it, and will have mounting costs. If your wife is determined to divorce you, you can't stop her, so it may be wiser to cooperate and get it over as quickly as possible. If your wife is the applicant, it won't cost you anything at all.
Here is a link to the Government website where you can find all the information.
https://www.gov.uk/divorce/overview
However, back to your status, sorry! After divorce you will have no right to remain in the UK.The reason you were admitted was to be with your wife, not so you could work here. That right only came though your wife's status. No wife, not allowd to work here,and not allowed to remain. Furthermore, there are no cicumstances for appeal that I can find. It is possible that your employer could obtain a work permit for you,but that possibility may be remote unless your job is on the on the Government's shortage list. In fact,if you remain in employment, your employer would be facing a heavy fine when discovered. You should think of this.
 
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