EEA resident permit following divorce

My spouse has suggested divorce to me. Besides the obvious, it's also sudden and potentially disastrous to me logistically.

We've been together 8 years and married 4.5, in the UK the entire time. I'm American, she's Polish, and I'm here on an EEA family permit, currently a 5-year stamp that's halfway through. We were married in Poland.

If she were to leave the country tomorrow (for argument's sake), what would happen to me? I have family here, but that hasn't gotten me more than 6 months' of visa in the past. Can anyone tell me what happens in terms of any of the following please:

- Does she still need to be 'exercising her right to work' in the UK in order for me to remain here?
- Same for my right to work here?
- If we divorce (obviously the process takes time), does my visa immediately get annulled?
- Also, not sure anyone here knows, but do we have to get divorced in person in Poland?

Thanks in advance!

Quick answers (sure someone else will add detail):
1: If she is not exercising treaty rights (after 3 months), she has no legal right to be there and, therefore, you should not be there either. Remember that exercising treaty rights includes: employment/self-employment/self-sufficiency/studying.
2: As above.
3: You can apply to retain your rights of residence. You should search on the forum for further info about this.
4: Not sure

You don't seem to have the right to PR at present, and you have not lived in the UK as man and wife for a period of five year.

If she was to leave now, without divorce, or evidence of her having resided in the UK for a continuous period of 5 years, in accordance with the EEA regulations, you are likely to be a bit of trouble, especially if there has been a gap in her treaty rights.

Thanks for those answers.

I've been a resident for 7.5 years continuously, and her for 7. We've been married for 4y5m together here continuously. That said, I'm not sure I'd want to renounce my US citizenship anyhow, even if I made it to October.

Sounds like she wants to stay here a couple/few months and then move back to Poland. It sounds like I'll need some more info how extending my stay if that's what I opt for (I'll search the forum for that).

Permanent Residence has absolutely no effect on your USA citizenship and, even if you did acquire British citizenship, you won't necessarily have to renounce US citizenship. I have many American friends who got Irish citizenship in their 20s. They never renounced their USC.

If your spouse has been working continuously for the last 4.5 years, you would be eligible for PR when she has been here exercising treaty rights for a full five years. You might want to talk to her to see if she might be amenable to 'helping you out'. You will need her help and backing to apply for PR (EEA4). You will also need to provide the same proof as your did in EEA2.

Thanks - I have been confusing PR with citizenship. And AFAIK, at this point in my life I am unable to hold both passports. I've been told that by the US and UK.

I'll have to check how long she's been actively working here - between studying and working, it's possible it's close to 7 years in total, but only 4.5 during which we've been married. If it has to be the latter, I'm quite sure she's not going to stick around until October.

The UK does not care about the number of passports you hold. The only issues could possibly be with the USA. This is no longer a big issue. If you are thinking about this you should research the USA policy on dual/multiple citizenship.

You have to be here 5 years as her spouse before you qualify. It doesn't matter if she has been living there for 50 years if you have only been here as her spouse for 4.5.

Let her know the situation. She might be sympathetic?

I know there is some way to retain rights but I don't know how it works. Please search for yourself. It would be a pity to miss out on PR.

Thanks again, chaoclive.

The basic searches turn up the potential of RRoR because we've been married 3+ years and in the UK 1+ years and will both (hopefully) be economically active during the divorce. Hopefully the country of marriage won't change things... anyway, I guess I'll put in a legal enquiry on Monday to set the ball rolling. I'm not sold on staying here forever, but I really don't want to be forced out all of a sudden!

And yes, the USA does force you to renounce your citizenship if you take a UK passport, or at least that was the case 5 years ago when I was looking into it for the second time.

Just reading through the gov's PDF on PRL
https://www.gov.uk/government/uploads/s ... 8/eea3.pdf

On p.4, SECTION 4 - RETAINED RIGHT OF RESIDENCE IN THE UK, it implies that the application goes in only after the spouse has died or left the country. Does this sound right?

It also sounds like she doesn't need PR in order for me to do this, right?

Hi

Have a look through these links:
http://www.newlandchase.com/nc_blog/art ... _residence
http://www.eures.ee/public/dokumentide_checklist.pdf (section entitled: RETAINING A RIGHT OF RESIDENCE IN THE UK)
http://www.lawcentreni.org/EoR/immigrat ... ns.html"If a divorce or dissolution of a civil partnership was as a result of the non-EEA national being the victim of domestic abuse, or if other ‘particularly difficult circumstances’ exist, then the non-EEA national may retain an EU law right of residence in the UK in her/his own right. In this case, specialist advice should be sought immediately."
http://www.uk-wp.com/permits/others/dep ... in-the-uk/

Sorry, I'm not very knowledgeable about retaining your rights.

Hope someone else will answer soon!

Re: USA dual citizenship: not sure about the policy, but I personally know of three US-born citizens who have registered their births through the Foreign Births Register at Irish Embassies/Consulates in the USA (due to grandparents who were born in Ireland) and got Irish citizenship. They maintain both citizenships and one is currently floating around Europe as we speak, quite happy to identify himself as Irish. I don't think it's as tough or as big a deal as you might think.

The basic searches turn up the potential of RRoR because we've been married 3+ years and in the UK 1+ years and will both (hopefully) be economically active during the divorce.

You econimically active after divorce not before but EEA national must be until decree absolute. almost 90% ROR case refused just because non eu national failed to prove evidence that EEA NATIONAL was exercising treaty right during divorce.