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Hi all,

I would like to apply for my Ilr on the 10 years lawful residence.
I came in UK in August 2003.
Got student visa until 2008
Then got married in 2008 to Eea national and got 5 years visa
I divorced to Eea national and divorce was granted in April 2013.
We've lived together until December 2012. I cannot prove that the Eea national was working during our 5 years of marriage as he wasn't.
I saw a lawyer who advised we can try the 10 years residence first and if the application is refused, we can then try the retain right of residence.
I'm really confused. Can you please help? It's really urgent.

Thanks,
Chou

Chou12 wrote:I saw a lawyer who advised we can try the 10 years residence first and if the application is refused, we can then try the retain right of residence.

I believe the 10 year Long residence would also require evidence that you retained the right of residence.

Therefore, IMHO, the lawyer's suggestion is illogical. If you cannot prove that you retained the right of residence, then the expensive Long residence (KOL required) application will also fail.

Concentrate on proving that you retained the right of residence first, then apply for PR on that basis.

I think you should show that your EEA ex-spouse was exercising treaty rights (was a qualified person or had attained PR) during the period of your marriage.

If the EEA national wasn't working, what was s(he) doing? Job seeking, student etc....?

Thanks Vinny and Guru. The Eea national was working on and off but not for the full 5 years and in some years he wasn't working at all. I got the proof that he was working during the divorce tough.
Even if I decide to apply for retain right first, when can I apply for PR? Straight after ROR is granted?
Thanks a lot

D4109125 wrote:If the EEA national wasn't working, what was s(he) doing? Job seeking, student etc....?

What was s/he doing when s/he wasn't working?
How long has s/he been in the UK?
When did you get married (date)?

When he wasn't working he wasn't doing anything. He wasn't registered in job centre neither. He's been in the uk for 6 years. We're married in May 2008.

Note that there are other ways beside working that may still have made an EEA national a qualified person.

Congratulations!

vinny wrote:Congratulations!

is the OP telling us the truth?


here he is looking for an advise how to ROR after divorce or apply under 10 years rule

in another post he already retained his right but need help with the child