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Hello everyone,
I hope someone could give some advise.
I am non eu member, but married to an eu member for 5 years (since 2006), lived in UK for 4 years. i have a residence card member to an eu member. my current problem is we are not together any longer but have not applied for a divorce, my current visa expired in 2015, i want to get divorced and apply for the right to be here in uk.
please let me know if i can and if what procedure i should do, as i do travel for work and they always asks me where is my husband.
thank you

You have to get your husband to help you send an EEA4 application to UKBA once you have lived in the UK for 5 years. At minimum this will require his passport, and bank statements/tenancy agreements, etc.

Wrong advise given again. If you have been married for 3 years before divorce proceedings have been issued, you will retain the right to PR. UKBA have already seen your partners/spouse's papers therefore may only want to see that the treaty rights are exercised. You do not need your spouse to help you with PR if you have been married for over 3 years and that the relationship has broken down irretrievably. See UKBA website where there are clear guidance notes on this, also see immigration rules on same website.
Hopet his helps.

seputus wrote:You have to get your husband to help you send an EEA4 application to UKBA once you have lived in the UK for 5 years. At minimum this will require his passport, and bank statements/tenancy agreements, etc.

Hi There, thank you but i have already asked him, and he is not really wants to help me, even though he is in australia now, so i am a bit worrry

Ken G wrote:Wrong advise given again. If you have been married for 3 years before divorce proceedings have been issued, you will retain the right to PR. UKBA have already seen your partners/spouse's papers therefore may only want to see that the treaty rights are exercised. You do not need your spouse to help you with PR if you have been married for over 3 years and that the relationship has broken down irretrievably. See UKBA website where there are clear guidance notes on this, also see immigration rules on same website.
Hopet his helps.

hi there, thank you very much, if you might know what link i should follow in UKBA website that would be great i am either can not see it or just hopeless to find it, i also dont know, while applying for the divorce as it will take a good time to complite and till to send the application to retain the right am i allowed to travel or better not? what application is to apply for retain the right of residence. thank you again

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Start from 5.4

If the spouse is not willing to help, your best bet is to apply for a divorce. Once you get a divorce and can establish the following:
1. You were married for 3 years before the divorce was initiated
2. your spouse was exercising treaty rights (you will need to give proof of this especially from initiation until the grant of decree absolute)
3. Have both lived in the UK for atleast a Year

You can then apply for PR based on the fact that you retain your rights of residence. Please note that point 2 above is a bit of grey area, as of now an applicant has to prove that the ex has exercised treaty rights(sounds outrageous), but unfortunately this is the case. If you cant supply this evidence then the HO might refuse your application and you will have to go down the appeal path.

I am not asking you to divorce your spouse but if you dont see any future and if things have slipped out of hands then that is the best options for you as the HO does NOT recognise Seperate Status as an independent one.

After Divorce apply using EEA4 as you are due PR