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you will need t give solid proofs that you were with your eu wife for 3 yrs.difficult_guy wrote:Dear Sir/Madam,
I came to UK in January 2004 as a student. Then I got married with EU national in June 2005 here in UK. I got Spouse visa till 2011. Few months ago, my wife went back and she starts preceding divorce in court in her own country. Our marriage lost more then three years. According to your some law websites, if you live as married with EU national and after three years, if marriage broke, then non-EU national can apply for PR. I want to know, do I qualify for PR? I have been working full time and I never applied for any state benefit in UK.
I really need your help, Please reply me ASAP
Three years ago, my wife worked only for couple of monthes, then she truned to a house wife. she got bank account, NHS card etc,
I want to know what other documents I need to produce?
Regards
Yes, that is correct. You basically have a status similar to a European national now, and you can stay as long as you work in the UK (or exercise another treaty right). You will qualify for PR 5 years after started living in the UK under European law (that is probably since your marriage).difficult_guy wrote:a) According to my understanding with reference to your answer no-2, my three years of married relationships with EU wife makes me only ELIGIBLE for PR and give me rights to RETAIN in UK but I have to live under same status.
I do not think that any changes are coming. The existing law from 2004 is still not properly implemented, so it would be too soon to introduce new legislation. And even if a new Directive is passed, European law is usually very careful not to affect existing rights.b) There is a fear of amendment or change in EU treaty its application to UK immigration law. Is there any possibility that I can apply before for PR before maturity of my 5 years of tenure of EU spouse visa?
c) How authentic and reliable will be all these documentary “evidenceâ€
difficult_guy wrote:I think my divorce is already done. Just few days ago I received few papers in Swedish language but I am not sure what they are about. I asked a lady from Swedish court to send me papers in English. let’s seeObie wrote:If your wife is saying she never lived with you in the UK or was exercising treaty in the period leading up to the initiation of the divorce, that could be a bit tricky.
I have her Bank statement, Medical card, Council vote registration, NI card, one of p60 which was issued in 2005, she did a voluntary job in local pharmacy and his manager is willing to give me some evidence.Obie wrote:Have you any evidence she was living with you?
We both of us were living with my brother’s house. I and my wife been to local council’s office to apply discounted house, but I pulled my application with a fear that it may give me problem for my PR.Obie wrote:Bills in both of your name.
Yes I have her bank statementsObie wrote:Bank statements.
She didnt have any medical insurance but she was registered with local doctor.Obie wrote:Medical Insurance.
Obie wrote:If she attempt to show evidence that she was in sweden studying, during the time you are claiming she was in the UK, that could be bit of problem.
I am sure you very well understand the implications, don't you?
So the 3-year period is not from date of marriage to date of divorce. Instead it is from date of marriage to the date of " initiation of the divorce" ..... the date the Divorce Petition is presented to the Court.prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State;
There are no applications available for Retention of rights category and if successful you will be issued with a Resident card valid for 5 years under your own right.The Immigration (European Economic Area) Regulations 2006 wrote:
5.2 Retention of a right of residence following divorce or annulment of marriage /
dissolution of civil partnership
Regulation 10(5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the UK for at least one year during the
duration of the marriage or civil partnership, then the third country national retains a
right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the UK who is either a worker,
selfemployed, or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student
with sufficient resources to be self-sufficient.
I must be on the err of caution and say, they usually request evidence of EEA national economic activity / exercising treaty up to the time the divorce absolute was issued, but this 2006 regulation seem to be saying something different from my believe. Fingers cross.Application for Retention of Rights for Divorced Spouse wrote:
5.3 Making an application following divorce or annulment of marriage / dissolution of
civil partnership
The following documents must be supplied:
• Passports of the non-EEA family members
• Divorce certificate/certificate showing termination of civil partnership
• Evidence that at least one of the non-EEA family members is a worker, self-employed
or self-sufficient.
If we have not previously issued a residence card we must be satisfied that the alleged
EEA national is an EEA national and that the non-EEA nationals were living in the UK
with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was
exercising Treaty rights during that time
What exact definition of treaty rights being exercised?Obie wrote:exercising Treaty rights during that time