please help

[racim]

i am algerian i came to uk in july 2004 with tourist visa, my visa was expired, after that i got married with EEA family member (latvia) i got my resident of 5 years now, started from august 2007 i am just willing to know if i can apply for my permanent resident now before my 5 years would finish note that would experied on august 1012, and me and my misses we not getting well recentely and we might divorce soon.

can i apply for my permanent resident now or do i have 2wait till my 5 years finished

would that efect anything if we divorce, then shall i just wait for my 5 years to finish so i can apply for my permanent resident or wot shall i do !!!

willing to hear from you guys soon
thanks alot in advance for any replay.

[vinny]

No, you are not eligible for permanent residence before 5 years.

See also OA (EEA - retained right of residence) Nigeria [2010] UKAIT 00003

[noble72uk]

i am algerian i came to uk in july 2004 with tourist visa, my visa was expired, after that i got married with EEA family member (latvia) i got my resident of 5 years now, started from august 2007 i am just willing to know if i can apply for my permanent resident now before my 5 years would finish note that would experied on august 1012, and me and my misses we not getting well recentely and we might divorce soon.

can i apply for my permanent resident now or do i have 2wait till my 5 years finished

would that efect anything if we divorce, then shall i just wait for my 5 years to finish so i can apply for my permanent resident or wot shall i do !!!

willing to hear from you guys soon
thanks alot in advance for any replay.

Hi
Sorry to hear that actually you can not apply for the PR until you achieve 5 years residence in the UK, which is going to be 2012 you and your partner needs to be under treaty right until time of divorce and then after you need to retain you r right of residence from the time of divorce and you need to prove that she was working until divorce.

I hope you do your best to save your marriage

[racim]

thx vinny and noble for your replay
do i need to let HO know ones i divroce or i should just leave it till when i apply for my PR . thx

[Guerro]

There is a very important point which you shouldn't miss, you should prove that your ex was exercising treaty rights throughout marriage until decree absolute was granted.
You can inform the home office now or wait till august 2012 to apply for pr as a family member who retained right of residence. In both cases you need to prove that your ex was exercising treaty rights