Legally Speaking | Rights of residence in the event of the breakdown of a marriage

Sadly, it is a reality that many marriages break down. In many cases, the visa granted to one of the parties was based on the relationship/marriage, and the immigration status is thus often compromised

By Breytenbachs on 13 January, 2014 

Sadly, it is a reality that many marriages break down. In many cases, the visa granted to one of the parties was based on the relationship/marriage, and the immigration status is thus often compromised.

• South Africans married to EEA nationals, can keep their rights of residence if the marriage breaks down if inter alia the following criteria are met;
• The couple need to have been married for at least three years from the date of marriage to the date of divorce;
• The EEA nationals needs to have been in the UK and exercising their EEA rights of residence in the UK on the date of the divorce (the date of the decree absolute in actual fact);
• The South African partner /non-EEA national needs to be employed or self-employed on the date of the divorce;
• The couple also need to have been living together for at least a year during the period when they were married.

If inter alia the above criteria are met, the non-EEA national will be able to retain a right of residence.

For more information or advice in your unique circumstances, please contact BIC.

JP Breytenbach