Advice Please !!!

Hi there,

I am non eea national married to eea national in the past. We got married in czech in 2009. I moved to Uk in 2010 along with my ex wife as she got a job offer from UK. I got work in England whereas she had work in Scotland. I worked there for 3-4 months visiting my ex on weekends. After that I also moved to Scotland because it was hard for both of us to live together otherwise. In Mar 2011 We both rented a flat & started living together & around the same time I got Resident Card. We were blessed with Baby in 2012. My ex applied for the jobs out of uk & she started talking about leaving UK as she did not like the place. In my case it was not that easy as I don't have eea Passport & slowly we started having differences with each other over small things. So we applied for divorce while still living together as it was hard for one person to look after child. The date of decree was in Mar 2014. I would be happy if you could advice me on the following points.

1. Marriage -2009 - 2014 - Just a month less than 5 years ,

My ex wife has provided with me all her payslips since she started working here upto the divorce date. She was on maternity leave for one year but was getting paid and after that she worked only part time.
I have got council tax letter mentioning both of our names upto 2014.
I have also got Bank statement for both of us upto 2014.
I have birth certificate of my child

Do I need any other documents? Am i totally eligible to apply for PR. In 2014 I checked with Solicitor who told me to apply directly for PR once I complete 5 Years in UK rather than informing them that I am divorced. I hope that was right. My child has czech passport but if I have to apply British Passport for her, could i do that.

Thanks

If you had completed 5 years and your ex eea partner has been helping you and if such treaty right evidences cover 5 years then you can apply PR but I am not sure whether they may ask marriage certificate/call both for interview where the matter may disclose. For this reason you have to attach eea national passport which may be a hurdle for you. But I can guess that retaining right may be alternative best option for you which you may easily get too.

UKBA HUNTER wrote:If you had completed 5 years and your ex eea partner has been helping you and if such treaty right evidences cover 5 years then you can apply PR but I am not sure whether they may ask marriage certificate/call both for interview where the matter may disclose. For this reason you have to attach eea national passport which may be a hurdle for you. But I can guess that retaining right may be alternative best option for you which you may easily get too.

Thanks for the reply. I have no proof of myself and my ex working in Czech & how I said my ex did not want to be here so she has left UK so no access to the passport anymore & would not be available for interview either. I have the marriage certificate where they have put the stamp saying Divorce. Please let me know if there is any way I could get PR.

Thanks

trainer wrote:Hi there,

I am non eea national married to eea national in the past. We got married in czech in 2009. I moved to Uk in 2010 along with my ex wife as she got a job offer from UK. I got work in England whereas she had work in Scotland. I worked there for 3-4 months visiting my ex on weekends. After that I also moved to Scotland because it was hard for both of us to live together otherwise. In Mar 2011 We both rented a flat & started living together & around the same time I got Resident Card. We were blessed with Baby in 2012.

...

So we applied for divorce while still living together as it was hard for one person to look after child. The date of decree was in Mar 2014. I would be happy if you could advice me on the following points.

1. Marriage -2009 - 2014 - Just a month less than 5 years ,

...

Do I need any other documents? Am i totally eligible to apply for PR. In 2014 I checked with Solicitor who told me to apply directly for PR once I complete 5 Years in UK rather than informing them that I am divorced. I hope that was right. My child has czech passport but if I have to apply British Passport for her, could i do that.

Thanks

That solicitor's advice sounds dodgy & inadvisable.

You had approx 4 years on PR clock from arrival in UK until divorce - it means you had not automatically acquired PR as the dependent family member of an EEA national.
That would have required 5 years of your spouse (as EEA national) continuously exercising treaty rights in UK as a qualified person.

But all is not lost. RoR is the way to go:
See https://www.gov.uk/family-permit/retain ... -residence

Once you have acquired PR by the combination of time as a dependent family member plus ROR you will have settled status.
12 months of holding settled status & you could shoot for citizenship.

Assuming your child was born in UK, once you have settled status you could look into applying to register her as British (even before you naturalise).

Best of luck.

Dear Sir,

Thanks very much for your reply.

I wish I could have discussed this matter before in here rather than being upset and confused now.

Please forgive my ignorance for not able to understand the point you are making.

I came to UK in 2010 & I have payslips of my ex from Sept. 2010 & make me complete my five years living in uk this month.

So even if I have lived in uk for 5 years that would not matter because my ex should have lived in this country as famiy with me for 5 years & since she did not live here for five years as a family with me that's why I am not eligible for PR & I should apply for ROR that's what you are saying. right?

Before getting Resident Card in 2011 I was on EEA Family Permit which I got from British Embassy in Czech.

I had divorce in 2014 March. so marriage lasted approximately 4 years & 11months. Out of that We lived in UK together 3 Years 5 months. I have my payslips to show only from March 2011 & no proof of working in czech as I was getting paid only in cash. I hope that would not be an issue.

Yes my child was born in UK. So once I have PR, I can register her as British. (thanks for letting this know).

Kindly let me know what should I be doing now.

Thanks

Hi there


Could you please post a link for ROR Form. I have searched it on google but could not find ROR Form.

Thanks !

Residence Card.

You probably may apply for Permanent residence card.

You can apply for permanent residence card. Your solicitor gave you good advice. You need to show that 5 year exercising treaty rights. Untill divorce your wife work after divorce your work. That all you need don't worry about Czech work dont need it here.
I am in same situation and I applied for permanent residence card directly.