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please help

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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racim
Member
Posts: 155
Joined: Thu Oct 14, 2010 11:15 pm

please help

Post by racim » Thu Oct 14, 2010 11:17 pm

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
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Oct 15, 2010 5:48 am

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

See also OA (EEA - retained right of residence) Nigeria [2010] UKAIT 00003
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noble72uk
- thin ice -
Posts: 177
Joined: Mon Jun 15, 2009 11:11 am

Re: please help

Post by noble72uk » Fri Oct 15, 2010 4:01 pm

racim wrote: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
Member
Posts: 155
Joined: Thu Oct 14, 2010 11:15 pm

Post by racim » Fri Oct 15, 2010 6:23 pm

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
Member of Standing
Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Fri Oct 15, 2010 9:46 pm

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

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