divorce from eea national

Hello

I would like to get some information in my case.
I am non eea national and I am married to eea national from 5 years. i have to apply for indefinite leave to remain in the uk next year. First question, what date shall I apply from, from the date of marriage or from the date of receiving the stamp for 5 years. I am confused because I got the stamp 4 months after getting married.

Secondly, my wife has not been working, I am the supporter. My question is what proof do I need to provide that she is residing with me. Additionally, I am the one who has the bank account and we use it together but it is under my name. She is a houswife and she has not even applied for the insurance number as she did not need it. I only have utility bills under our both names for the last 5 years.

I would appreciate to get a prompt response to my question.Thank you in advance.

markus, this really is the wrong section to be posting this question in. Will a moderator pls move this to the general section?

You can apply for with the EEA4 after 5 years of getting married. no need to wait any further.

Only proof of one of you exercising treaty right for 5 years is enough. if it is only you who have been doing it, then there is no need to provide any proof of your wife doing so. That said, if the BIA have any doubts about the whereabouts of your wife during the 5 years that you claim that she has been here with you, they might write and ask for proof of co-habiataion. You can use the utility bills for the past 5 years for that and more over get a letter from the council stating that she has been living with you if necessary.

Hope this info helps.

markus wrote:Hello

I would like to get some information in my case.
I am non eea national and I am married to eea national from 5 years. i have to apply for indefinite leave to remain in the uk next year. First question, what date shall I apply from, from the date of marriage or from the date of receiving the stamp for 5 years. I am confused because I got the stamp 4 months after getting married.

Secondly, my wife has not been working, I am the supporter. My question is what proof do I need to provide that she is residing with me. Additionally, I am the one who has the bank account and we use it together but it is under my name. She is a houswife and she has not even applied for the insurance number as she did not need it. I only have utility bills under our both names for the last 5 years.

I would appreciate to get a prompt response to my question.Thank you in advance.

Your wife...who is the EEA national...has not been exercising treaty rights at all for 5 years?? If that is the case, I don't see how you (or her) qualify for permanent residency. Or are you applying for ILR using your own route, and not the EEA route? If it is the EEA route, this situation of yours is a little tricky and I don't think you qualify for PR.

But anyway...moderators, please move this to the relevant section!

If it is the EEA route, this situation of yours is a little tricky and I don't think you qualify for PR

sakura, what is so tricky about the situation? The OP has been financially supporting the EEA wife and thus helping her exercise her treaty right as a self-sufficient person! Pretty straightforward anyway I look at it.

JA13I wrote:

If it is the EEA route, this situation of yours is a little tricky and I don't think you qualify for PR

sakura, what is so tricky about the situation? The OP has been financially supporting the EEA wife and thus helping her exercise her treaty right as a self-sufficient person! Pretty straightforward anyway I look at it.

I thought that the EEA person had to have some sort of activity, such as working or studying, or self-employed?? I didn't think 'housewife' covered it. If it does, then mea culpa, I'm wrong! But I've not come across this situation where such a person is classified as exercising treaty rights.

being a housewife, househusband, couch potato or whatever He/she wants as long as they are financially independent irrespective of working or not will help them qualify. Being Self-sufficient is a category in its own right, in theory if you afford it.... a healthy bank balance covering the whole 5 year period will suffice.

In Directive 2004/38/EC, it is spelled out that one option for residency of more than 3 months is to have sufficient resources and health insurance. The resources can be from any source, and can well come from your working non-EU spouse.

Note that you do not need to have all the money for the duration of your residence in advance, whether you plan to stay for 2 years or a lifetime. I believe you typically have to have resources to support yourself for a year.

Thanks for the clarification...apologies for the confusion!

Not at all. It is an excellent question!