Divorce proceeding and Non-EU family member status

Miracle need wrote:Hi,
which EU/ukba legislation says that even non-eu national separate from EU partner and living different addresses continue to be EU national family member until divorce decree obsolute issue.

EEA regulation 7

http://www.legislation.gov.uk/uksi/2006/1003/made

The term ‘family member’ is defined in regulation 7 and includes the
spouse or civil partner of the EEA national, provided the marriage or
civil partnership is not one of convenience (reg 2(1)). If the couple
separate but the marriage or civil partnership has not been legally
terminated by divorce, annulment or dissolution, the spouse or civil
partner will still be classified as a ‘family member’ and would continue
to have a right to reside for as long as the relevant conditions are met.



The case of Diatta (ECJ 267/83)

http://eur-lex.europa.eu/legal-content/ ... 1983CJ0267

This case concerned persons who are married, but no longer living together. The Court ruled that a marital relationship cannot be regarded as dissolved, as long as it has not been terminated by the competent authority. If persons live separately the marriage is not dissolved, even if they have the intention to divorce at a later date.
Consequently, to qualify for a right of residence as a family member under Regulation No 1612/68 (Article 10), it was not necessary to live permanently with the worker.

@askmeplz82: Huge appreciation for bringing very valuable relevant regulation.
So in my case i have all previous evidences to show EU partner being self sufficient (bank statements + csi)but next few months it will be hard to get and if by miracle EU partner do not start divorce until next few months/start divorce but i complete 10 years then if by chance i gather further her few months banks statement to prove self sufficiency while living at different address then whether will i be qualify for ILR. CSI will expire 3 months after when i complete 10 years.
Does regulation 7 equally cover too the self sufficient EEA persons who living separately from non-EEA nationals with the intention of divorcing in future?

it's the same living together or not together

https://www.gov.uk/government/uploads/s ... rights.pdf

http://www.lawcentreni.org/EoR/immigrat ... tions.html



6. Relationship breakdown does not necessarily end entitlement to EEA residence card.

Spouses/civil partners retain entitlement under EU law as a family member if they separate, as long as the marriage or civil partnership has not been dissolved (by decree absolute or final dissolution order). If the marriage or civil partnership broke down as a result of domestic violence the non-EEA national may retain the right of residence even where marriage or civil partnership is dissolved, as long as certain other requirements are satisfied. A person in these circumstances should seek immediate specialist legal advice.

Irrelevant after Permanent Residence documents are issued. However, please note that separation does end an EU law right to reside in the UK for a non-EEA national whose relationship breaks down but who was neither married nor a civil partner. In the EEA Regulations this is called a ‘durable relationship’.

If the EEA spouse dies, the marriage or civil partnership lasted at least one year, and the non-EEA family member is her/himself a worker or self employed person, the non-EEA family member retains the right to reside in the UK.

Note: There are other circumstances where a non-EEA national retains the right to reside although the marriage/civil partnership is dissolved. In the event of the dissolution of a relationship in these circumstances, you must seek specialist legal advice.

Thanks for giving valuable answers which lessen my pain especially mr.ukba hunter, askmeplz. I will continue to update for getting valuable suggestions.

Since now my whole future is in the hands of GOD who invisibly helping me. But i find now that EU lady landlord is actually encouraging my EU partner for divorce who a bit want to help me but in few days time the home leaving deadline will expire and then me, eu landlord, eu partner all will live at different addresses.
Guys i need nearly 4 months and few days to reach 10 years and i have all previous evidences to prove EU national self sufficiency but for next 4 months bank statements to show EU national self sufficiency (treaty rights) i may not get or maybe few online statements.

Question:
For long residence (set lr) which belongs to immigration act 1971 instead directive 2004, if only 4 months EU national bank statements not available until i complete 10 years then will it be fine as the whole previous 2 years bank statements with csi proof is available.

what should i do.

Hello board readers,
I want to know that once a person complete legally 10 years for indefinite leave after spending 8 years under UK pbs system while 2 years as EU family member. Then whether the treaty rights evidences still need even beyond to 10th year onward or only for those 2 years till reaching the 10th year as example stated above.

Miracle need wrote:Hello board readers,
I want to know that once a person complete legally 10 years for indefinite leave after spending 8 years under UK pbs system while 2 years as EU family member. Then whether the treaty rights evidences still need even beyond to 10th year onward or only for those 2 years till reaching the 10th year as example stated above.

In this case treaty rights and prove of residency required for those two years which was spend under EU regulations.

your 8 years record they already have in system, you only need the treaty rights proofs for one year eleven months & 2 days because you can apply 28 days before. Under EU system there is no concept of applying before 28 days but long residence application can be sent 28 days before.

Miracle need wrote:Hello board readers,
I want to know that once a person complete legally 10 years for indefinite leave after spending 8 years under UK pbs system while 2 years as EU family member. Then whether the treaty rights evidences still need even beyond to 10th year onward or only for those 2 years till reaching the 10th year as example stated above.

You will need your wife's treaty rights for the two years.

Sorry to hear about your situation

Yes Obie i am struggling to gather the treaty rights evidences based on self sufficiency for those last 2 years. But what will you advise that my CSI(private medical insurance) policy is expiring 2 months after i will complete 10 years then should i not renew it because i am really fed up by paying monthly premium of CSI policy for the last 2+ years

By the grace of Allah almighty the most powerful, I have got my Indefinite leave to remain. I struggled so hard to collect the EU national treaty rights but to the maximum of my effort whatever i managed to collect then attached with application which approved. Caseworker has checked each and every document and satisfied. I paid regularly the CSI for the last many years which i now cancelled because fed up to pay it. Thanks to all but i have few questions at below:

1. I have not divorced yet the eu national partner but got ILR so am i free from EU national dependency and immigration control?

2. If i now divorced eu national then will my status of ilr remain unaffected?

3. can i apply naturalization after 12 months even going through divorce process??

4. should i buy again csi even after getting ILR??

CONGRATULATION, well done you !!!! No you do not need CSI you are free and no longer considered in the immigration file as an EEA family member, you are now under the UK rules so in 1 year time go ahead with your Naturalisation. You do not need doc from the EU member anymore and divorce is ok.

°Previous eea2 RC has been stamped with red ink that supersedes on biometrics residence permit. Why

°Biometrics card with the endorsement of indefinite leave to remain showing the 10 years of expiry date. Why

Miracle need wrote:°Previous eea2 RC has been stamped with red ink that supersedes on biometrics residence permit. Why

°Biometrics card with the endorsement of indefinite leave to remain showing the 10 years of expiry date. Why

Placing stamp on eea2 is caseworkers silly act but now you are free from immigration control and European national dependency. And the indefinite had no expiry date its only BRP expiry date just like British/European passport has expiry date. Bank cards and driving license has also expiry date.