right of residence

Hi everybody i have a very big problem.
i came in uk in 2001 as a student.
got married in 2004 n she is portuguese national.
problem was that wen we first applied for residence card it was refused as my wife was not exercising treaty rights in uk.
since then all applications failed.
eventually our relationship broke down and my wife left me.
at present i dont know where she is.
we are not divorced yet.
i dont really kno wat to do.
i have been in uk for the last 9 years and married for 5 years and 4 months.
i dont have a status at the moment.
any suggestions as to wat i can do.
thanks everybody.

Return home?

Wait and apply under 14 year rule if the 14 year rule this exists then; it probably won't.

As you are no longer with your wife you only have the two options that Wanderer stated

thnx for the advice but after spending almost 10 years here its a very big decision to make to gao back and start all over again.
my solicitor told me that there is one way where i can apply independently as i have been married for over 5 years but i'll have to divorce my wife first, prove that i have been married for at least 3 years and that my wife has been in uk for 1 year prior to my divorce.
does anybody kno anyfin g about it?
do i stand a chance?
does anybody kno any other way other than leaving the country.
i'd like to give it a gud fight before giving up.
thnx guys.

stradivirus wrote:thnx for the advice but after spending almost 10 years here its a very big decision to make to gao back and start all over again.
my solicitor told me that there is one way where i can apply independently as i have been married for over 5 years but i'll have to divorce my wife first, prove that i have been married for at least 3 years and that my wife has been in uk for 1 year prior to my divorce.
does anybody kno anyfin g about it?
do i stand a chance?
does anybody kno any other way other than leaving the country.
i'd like to give it a gud fight before giving up.
thnx guys.

But if ur wife wasn't exercising a treaty right then there's no chance, even with her co-operation. You would need her passport too, original.

thnx wanderer
but if i get my wife to cooperate with me as in providing documents and stuffs even though she is not exercising treaty rights do u fink i can apply on my own rights.
i have been working and contributing tax and am a gud citizen.
i have also been studying during that time.
problem is my wife doesnt want to work as her brother is quite rich finance her lifestyle and spoiling her. so its not been easy for me.
suggestions please.......
thnx

Even with your ex-wife's "cooperation", it will be pointless if she wasn't (or cannot prove that she was) exercising treaty rights for 3 years before the initiation of your divorce.

Added to the problem...you say you don't know where she is..so her co-operation is 'unlikely'.

stradivirus wrote:even though she is not exercising treaty rights do u fink i can apply on my own rights.
i have been working and contributing tax and am a gud citizen.
i have also been studying during that time.
problem is my wife doesnt want to work as her brother is quite rich finance her lifestyle and spoiling her.

Are your saying that your wife has been economically self sufficient during her period of residence in the UK?

If so, and provided she held / holds comprehensive sickness insurance cover for both you and her for your / her period of residence, you may have both acquired the right of Permanent Residence in the UK.

I say "may" because, apart from the requirement to hold comprehensive sickness insurance cover for the self-sufficient EEA national and her family members, there is also a requirement that the non-EEA national lived with the EEA national, for the five years leading up to PR.

If one of the above two are not met, Permanent Residence has not been acquired by you.