Our client has been married to an Italian national and have been in the UK as the spouse of an EEA National. After 4 years under the spouse route, the relationship broke down irretrievably. She divorced her partner. She came to us for help on what she should do to preserve her stay in the UK.
We advised the client to apply for a retention of her rights following the breakdown of her marriage. She confirmed that her spouse has been working ever since and she has no criminal convictions in the UK. This is quite important for the application as persons who have criminal convictions and are not working further complicate their application.
We made a retained rights application in country and it was successful. Our client is still eligible for Indefinite Leave to remain after 5 years in the country. We have now been instructed to make her Indefinite Leave to Remain application and are confident of a positive result.
The EEA retained rights is primarily there to help individuals who have suffered domestic violence and other forms of abuse and now have their rights to remain in the UK unfairly threatened.
For our client we believe that it would be unfair for the Home Office to send her back home; leaving her stranded in the country. The retained rights option is a welcome alternative for persons going through similar circumstances including domestic violence and have now had their rights to residence threatened.
If you are going through similar issues, feel free to contact us for help. Our family immigration lawyers have over 30 years of experience in dealing with these types of issues. Where EEA Retained Rights may not even be the best options, our experts can offer you alternative routes that will best serve your immediate and future immigration needs.