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You would apply for permanent residence or PR (not quite ILR, but similar), and I think you satisfy the requirements. You have been in the UK for 5 years under European law (by May), your marriage lasted 3 years (note: a period of separation does not count), and you need to prove the your spouse was working or exercising another treaty right until the divorce.matinuk2 wrote:now i want to apply for ILR can i still do it as i have lived with my wife more that 3 years?
The Ho never bothers to check.Directive/2004/38/EC wrote:The home office may have the option of getting proof that the EU citizen spouse was working from Inland Revenue. They may be able to check NI records or Income tax.
I am not so sure the onus is always on the applicant under EU law. There are a number of situations where the onus is really on the government, for instance in providing proof before denying a residence card. The applicant does not need to prove the negative.isceon wrote:The Ho never bothers to check.
The onus of proof is always on the applicant.
As I said the best hope is that the court rules that it is not a condition from the 2004/38 directive but a pure creation of the UK.
mego_1980,mego_1980 wrote:Hi matinuk,
could you tell me some information about your case?
what's name of your solicitor if you don't mind?