Retention of right of residence uk

Hi there,

I wonder if you can help me.

I've been married to an EU citizien for the last 2 years and 9 mothns
(We got married on 20/09/2005), and I've been living in the UK for 7 years.

I got a visa based on the grounds that I am a EU citizen family member
(5 years visa).

Now, my wife have decided to leave the country and move back to Spain.

How does this leave me?
Do I lose my right to stay in the UK if she leaves the UK ?
Is anything I can do to stay legally without her?
What happens if we divorce?
Could the application of regulation 10 help me in any way?
If we divorce after 3 years, will I retain my right of residence?
Could I apply without problems for PR even If we are divorced?
What documents will the HO ask for when applying for PR?

Please help I very desperate

I would really appreciate your response.

Thanks for your help guys.

Regards,

zer0_

I think ur three months short of permanent legal residence here either by three years marriage or 10 years legal stay.

I dunno if this'll work but you could apply for a student visa for a short course to give you the extra three months for 10 years ILR. It's only three months must be easy to get something.

Hi Wanderer,

Thanks for your reply.

I think I didn't elaborate properly.

To this date (11/06/08) I've been living in the UK for 7 years (came in on june 2001).

I came on a tourist visa and changed to student visa after 6 months.
I've been on a student visa until I got married on september 2005.

By the time we apply for residence permit my wife was studying. So I got granted a visa for 1 and half years (lenght of her course)issue on jan 2006 exp jun 2007

I then apply for family permit which was granted from august 2007 til august 2012.

I hope this all make sense.

Thanks for your help

zer0_

Listen to Ajahn Brahm's talk on Metta - Love Heals.

See also 10. "Family member who has retained the right of residence" and European Casework Instructions > Chapter 2 - Rights of Non-EEA National family members of European Economic Area (EEA) Nationals (6.1 Retention of the right of residence following divorce or annulment of marriage/dissolution of civil partnership), etc.

zero_j wrote:Hi Wanderer,

Thanks for your reply.

I think I didn't elaborate properly.

To this date (11/06/08) I've been living in the UK for 7 years (came in on june 2001).

I came on a tourist visa and changed to student visa after 6 months.
I've been on a student visa until I got married on september 2005.

By the time we apply for residence permit my wife was studying. So I got granted a visa for 1 and half years (lenght of her course)issue on jan 2006 exp jun 2007

I then apply for family permit which was granted from august 2007 til august 2012.

I hope this all make sense.

Thanks for your help

zer0_

No - i got it wrong - lemme think - bad night at the pub, second last in the quiz.....

Basically u need three years married, one in the uk, if u've no kids unless u can string out another three months it doesn't look good...

Thanks everyone for their replies.

Another question.

If my and wife divorce,
What dcuments will I need in case I want to apply for PR?

Do I have to apply after my 5th wedding anniversary or after my current visa expires?

Thanks for your posts!