Permanent residence permit after separation

nicki105 · Post by **nicki105** » Wed Jun 04, 2014 8:13 pm

Hello,
My Brazilian sister in law has been living in the UK since Nov 2004. She has a residence card as is married to an EEA national. Her current stay is valid until 2016. The issue is that her husband has now left the UK and they will most probably divorce.

I'm guessing the conditions of her stay are only valid as long as she is still the wife of the EEA national and that the EEA national is exercising treaty rights in the UK. So what should she do now?

Can she apply for a permanent residence card using EEA4 as long as her husband lived and worked in the UK for 5 years?

She would not be able to provide his passport as part of the required documents. What proof would she need?

Could she apply for ILR long residence instead as she has been in the UK for 10 years from November?

Thanks in advance!

SouthWest1 · Post by **SouthWest1** » Wed Jun 04, 2014 10:08 pm

nicki105 wrote:Hello,
My Brazilian sister in law has been living in the UK since Nov 2004. She has a residence card as is married to an EEA national. Her current stay is valid until 2016. The issue is that her husband has now left the UK and they will most probably divorce.
how long has she been married?

I'm guessing the conditions of her stay are only valid as long as she is still the wife of the EEA national and that the EEA national is exercising treaty rights in the UK. So what should she do now?
she can apply for ROR providing she has been married for a min. of 3 years ( i guess her RC was issued on 2011 based on above expiry date), been living in uk for a min. of 1 year with her EU husband and he was exercising treaty rights in some capacities.

Can she apply for a permanent residence card using EEA4 as long as her husband lived and worked in the UK for 5 years?
it is based on her residence and not her EU spouse. if her marriage has been 5 years or more ( she is here since 2004 as you mentioned) and she can provide proof of exercising treaty rights for her husband along with the other requirements, then she can apply.

She would not be able to provide his passport as part of the required documents. What proof would she need?
1- evidence of exercising treaty rights.
2- WRS if husband is an A8 national ( if relevant).
3-marriage certificate.
4- some other evidence of residence in UK ( bills, bank statements...etc) not overwhelming but just the minimum

Could she apply for ILR long residence instead as she has been in the UK for 10 years from November?
not sure. moderators can comment on that

Thanks in advance!

nicki105 · Post by **nicki105** » Wed Jun 04, 2014 10:48 pm

Thanks for your reply. They've been married for 11 years, so looks as though she can apply using the EEA4 with no issues then. Good news

Can't believe how easy it is compared to me (a British citizen) and my husband (Brazilian) having to pay thousands of pounds for 3 separate visas and collating loads of evidence just to be allowed to be together in the UK! Seems so unfair that non EEA nationals can stay in the UK cheaply and easily if they marry an EEA national who is not from the UK, but Brits are penalised!

askmeplz82 · Post by **askmeplz82** » Thu Jun 05, 2014 2:47 am

They've been married for 11 years, so looks as though she can apply using the EEA4 with no issues then. Good news

What you mean by no issues? Can she provide EEA national PR certificate or 5 years work history ( exercise treaty right ) continuously ?
I know it's not requirement but UKBA will ask for EEA national passport

If her husband didn't work for 5 years continuously then she can only retain right of residence after she is divorced but it won't be that easy because he already left UK. UKBA will ask for his work history up until he left UK ( except PR holder )

What i can tell you is tell her not to go anywhere outside UK. If UKBA find out that EEA national is not in the UK anymore then she will have hard time with the immigration officers when coming back to UK and they may detain her

seems so unfair that non EEA nationals can stay in the UK cheaply and easily if they marry an EEA national who is not from the UK, but Brits are penalised!

Brits don't need to show working for 5 years continuously like an EEA national and also if you go and live in France you will also live like an EEA national . This is free movement rights of nationals of the European Economic Area (EEA) and Swiss nationals, and who can enter and live in the other EU country under European Community (EC) law.

ILR under 10 years route

it's gonna be same. She still need husband documentation

nicki105 · Post by **nicki105** » Thu Jun 05, 2014 1:17 pm

What you mean by no issues? Can she provide EEA national PR certificate or 5 years work history ( exercise treaty right ) continuously ? I know it's not requirement but UKBA will ask for EEA national passport

Yes she can provide the documentation to prove that her husband has been working continuously. She has also been working and is currently in her 2nd year at University.

What i can tell you is tell her not to go anywhere outside UK. If UKBA find out that EEA national is not in the UK anymore then she will have hard time with the immigration officers when coming back to UK and they may detain her

He has not been out of the country for very long, are you saying that if he went back to his own country for 2 months my sister in law's immigration rights would cease? I don't think so.

Brits don't need to show working for 5 years continuously like an EEA national and also if you go and live in France you will also live like an EEA national . This is free movement rights of nationals of the European Economic Area (EEA) and Swiss nationals, and who can enter and live in the other EU country under European Community (EC) law.

I'm talking about non EEA nationals here. I think showing 5 years continuous work is very simple to be honest. I have worked for the past 15 years! What I meant is that non EEA nationals have an easier migration option if they are married to an EEA national from outside of the UK compared to those married to a Brit. The amount of evidence that we had to provide, the tests my husband had to take and not forgetting the cost is by far more difficult. I am aware that I can go and live in other European countries and exercise treaty rights, but that was not my point. It's the fact that spouses of British citizens are subject to much harsher immigration controls.

it's gonna be same. She still need husband documentation

Not sure about this, the form doesn't ask for husband's documentation as she would be applying under long residence. The form does not request spouses details.

askmeplz82 · Post by **askmeplz82** » Thu Jun 05, 2014 8:20 pm

Yes she can provide the documentation to prove that her husband has been working continuously. She has also been working and is currently in her 2nd year at University.

UKBA don't care what she is doing in the UK as a family member of an EEA national. If she can show 5 years continues treaty right then she will be fine

He has not been out of the country for very long, are you saying that if he went back to his own country for 2 months my sister in law's immigration rights would cease? I don't think so.

Remember she is still a family member of an EU national . Yes EEA national can stay outside UK for maximum 6 months

Brits don't need to show working for 5 years continuously like an EEA national and also if you go and live in France you will also live like an EEA national . This is free movement rights of nationals of the European Economic Area (EEA) and Swiss nationals, and who can enter and live in the other EU country under European Community (EC) law.

Not sure about this, the form doesn't ask for husband's documentation as she would be applying under long residence. The form does not request spouses details.

Yes she need. If she was family member of an EU national for 3 /4 /5 years she need to show her husband treaty right for all those years . Only those who are under UK immigration law don't need it. For example a student only need to show 10 years residence proof .

nicki105 · Post by **nicki105** » Thu Jun 05, 2014 11:05 pm

Thank you, that makes sense

Annini · Post by **Annini** » Fri Jun 06, 2014 10:03 am

What documents do you used to apply for PR after Retained Right of Residence card through Divorce.
Any information given to me will be much appreciated.I am about to apply very soon.thanks
All documents for the PR after ROR Through Divorce.
Any help pls?

eealess · Post by **eealess** » Sat Jul 25, 2015 8:03 pm

askmeplz82 wrote:
If her husband didn't work for 5 years continuously then she can only retain right of residence after she is divorced but it won't be that easy because he already left UK. UKBA will ask for his work history up until he left UK ( except PR holder )

This is my case: EEA sponsor has been in the UK for over 5 years exercising her free movement rights so she has acquired a permanent right to reside although hasn't applied for a document certifying permanent residence. (since January 2015)

Could someone please explain how that impacts me? Does that mean that if she leaves the country or stops working I'm still entitled to retaining my rights?

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