Retaining Right of Residence following Divorce

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Jul 29, 2012 9:33 am

Nira wrote:Hi,

I came to the UK in 2006 (student visa)
Married EEA national July 2008
Got RC in Feb 2009
My husband came to the UK in 2005 and have been exercising his treaty rights till Dec 2011. Now he is sort of doing nothing, planning to start work in September over again. So I wonder if that would complicate things when I apply for my PR next year? In principle, he will have achieved PR already.

Since I can prove he has obtained the right of PR in 2010 (by living and working in the UK for 5 years) will I still need to show him exercising treaty rights after 2010? No.

I am posting this in this this thread as my marriage is breaking down, and divorce might happen soon.

See above.

Nira · Post by **Nira** » Sun Jul 29, 2012 9:59 am

I am sorry, I have read through all the posts, but I am stil not clear about my question

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Jul 29, 2012 10:01 am

Nira wrote:I am sorry, I have read through all the posts, but I am stil not clear about my question :oops:

If you are sure that your husband already has PR, then the fact that he has been unemployed recently is not relevant.

Has he actually applied for PR or is he just entitled to it?

What nationality does he hold (only matters if he doesn't have PR card yet)?

Nira · Post by **Nira** » Sun Jul 29, 2012 10:20 am

He has not applied to confirm his PR yet, but he holds Registration Certificate. He received it in 2008 together with my RC. However, I believe he could have applied for Reg Cert earlier, just did not want to. He is Lithuanian.

So my main question is: should those 5 years of Treaty rights be the years of marriage or those 5 years period starts at the time he started exercising treaty rights (back in 2005)?

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Jul 29, 2012 10:22 am

Nira wrote:He has not applied to confirm his PR yet, but he holds Registration Certificate. He received it in 2008 together with my RC. However, I believe he could have applied for Reg Cert earlier, just did not want to. He is Lithuanian.

The fact that he has applied for a registration certificate is good, it means that he will have been on the WRS. It is likely that he does have PR already.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Jul 29, 2012 10:26 am

Nira wrote: So my main question is: should those 5 years of Treaty rights be the years of marriage or those 5 years period starts at the time he started exercising treaty rights (back in 2005)?

Your rights of residence depend on living with a family member who is living in accordance with the regulations. Working would be considered living in accordance with the regs as would PR. It sounds like you would be able to retain rights of residence from the information you have posted. It also sounds like you are very close to achieving PR in your own right.

Nira · Post by **Nira** » Sun Jul 29, 2012 8:23 pm

Thank you very much for your clarification.

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Retaining Right of Residence following Divorce