5years treaty right and Divorce

Hi Everyone,

Just need to clarify a burning issue. If I have evidence of my spouse exercise of treaty right for 5years before divorce, do I need to proof her exercise of treaty right during divorce to retain my right of residency? My thinking is that my spouse would have automatically acquired Permanent resident after 5years of exercising treaty right hence their will be no need to show that during divorce. opinion and submission of all gurus will very helpful.

"Qualified persons do not need to apply to for a document confirming a right of residence in the UK. However, if they wish to do so they may apply for a registration certificate".

Requirements of regulation 10(5) (a), (b) and (c) A person ceases to be the family member of an EEA national sponsor because of a divorce, an annulment or a dissolution of civil partnership will retain a right of residence where:
the EEA national was a qualified person, or had permanent residence, on the date of the termination of the marriage or civil partnership  the applicant was residing in the UK in accordance with the Regulations at the date of termination and o the applicant is not an EEA national but if they were, they would be a worker, self-employed person, or self-sufficient person or o the applicant is the family member of a non-EEA national who is a worker, selfemployed or a self-sufficient person.

Please kindly help me with your thoughts on this topic,clarification is essential for me.Thanks

omonile wrote:Please kindly help me with your thoughts on this topic,clarification is essential for me.Thanks

If you believe your spouse has acquired PR already (in UK) & you were married to same spouse over that period (& you were resident in UK as the dependent family member of said spouse) then you are likely to have acquired PR too.

Why not apply for confirmation of your PR?
(Once it has been acquired PR is usually only lost due to an absence from UK of 2 years or more).

Thanks noajthan,indeed i know she has acquired permanent residency by excercising treaty right for 5years but she didn't want to apply to confirm it.hence my question.if i have a proof of 5years treaty right.would that suffice as proof of permanent residency.Thanks

Thanks noajthan,indeed i know she has acquired permanent residency by excercising treaty right for 5years but she didn't want to apply to confirm it frkm home office hence my question.if i have a proof of 5years treaty right.would that suffice as proof of permanent residency . Thanks

omonile wrote:Thanks noajthan,indeed i know she has acquired permanent residency by excercising treaty right for 5years but she didn't want to apply to confirm it frkm home office hence my question.if i have a proof of 5years treaty right.would that suffice as proof of permanent residency . Thanks

Yes, my understanding is if you have adequate documentary proof of exercising treaty rights - continuously for 5 years, as a qualified person - (or, if you are a dependent family member, of your EEA-national sponsor exercising treaty rights) then that can be submitted to either:

a) confirm acquisition of PR / apply for a 'confirmation of PR' card;
or
b) be used in an application for naturalisation (even without holding a PR card);
e.g. to demonstrate settled status/freedom from immigration time restrictions

You don't need her treaty right but you will need a copy of the PR or documents to proof it and you will need to complete your own 5 years RC to be able to apply.

Thanks wise.But I understand home office don't take copies but only original. Indeed I can get the confirmation letter but not sure I can get pr card. Thanks