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ADVICE ON DIVORCE

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Fat Akber

Hi Friends, I am married for more than 6years now in to Mauritian -Unfortunately things are not going well now, i have a son from my EX husband who is already studying here and now my present husband is saying he is filing a divorce case.


I had already applied for Citizenship 2 years back and have been told its still in process. I need some advises on how to go with it . If by any chance if he files a divorce case will it affect the citizenship which i already applied.


Your advises will be very much appreciated and helpful.

Bhavna

Hello


I think it will affect your application.


Try to find a lawyer to seek advice from.


regards

Bhavna

Fat Akber

@Bhavna

Thank you Bhavna -Yes i am trying do so -But due to election Lawyer cannot answer . Lets Hope for the best.

lesmar54

You would probably have had a Residency permit as you was married to a Mauritian Citizen.

A divorce means that the residency permit is cancelled and in effect you will need to leave the country.

Thats the laws at present. You can appeal but this is not very successful at times . However since you have an application for citizenship on-going then hopefully on the one hand they still have to review the matter in due course, but realistically they could view the citizenship application is done just to be able to stay in the country. Firstly get good legal advice on this and maybe a letter from a lawyer to present to the official department especially if the application was made in goodwill sometime before the divorce issue. Divorce cases have to have good grounds for them to pass through the system in a short time. Your residency permit if you have one is valid until the divorce becomes final in court. Secondly you need to check what criteria you used to apply for citizenship with an immigration lawyer and what criteria you would have as divorced person if anything new has to be met. Is your son a mauritian citizen from birth as that might also help and if studying and under the age of being an adult then as a parent you may get some credit towards your application for citizenship.  Since the change in Government your case might be more favourable to you as yes it has to comply with laws of course but one of the items they look at is your ability to be a good citizen which is of course subject to interpretation by the decision makers

Fat Akber

Hi Lesmar -Thank you so much -You statement gives me Positivity.


My son is 15years old and studying in state college ,He is not a Mauritian-I am as well working here for last 2 years in a multinational company but under spouse permit as i am exempted from work permit as i came in Mauritius in 2018.-I have not received any Petition yet from my Husband -It might be probably by next as i understand Court is closed in December.

I am just stressed that if he files a case will my son education be spoilt. Does he have to stop his education. Can i still fight for my citizenship for him to continue his studies as he is still a minor.. I will be very much grateful if i can get some advise on this on how to go with it..

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