divorce matter !! please help

hi guys
i am married to EEA member i got 5 years resident exp aug 2012
me and my wife we about to start proccesing the divorce . so after getting the divorce .
is that good thing to just wait and apply for my PR after the 5 years finish . or shall i just apply for retain the right of residence !!!
thank you for any replay in advance

When did you actually start exercising Treaty Rights in the UK? When did you get married?

John wrote:When did you actually start exercising Treaty Rights in the UK? When did you get married?

well i came to uk in july 2004 ( visitor visa 6months ) i over stay .
i got my 5 years resident in aug 2007 we both been living to gether and working since that time , i got everything 2 prove that .
thx john

When did you get married?

When?

John wrote:

When did you get married?

When?

well we got married like 8 months before i got my 5 resident so thats so thats december 2006
thank you

racim wrote:

John wrote:

When did you get married?

When?

well we got married like 8 months before i got my 5 resident so thats so thats december 2006
thank you

any advise john

It certainly appears to be the case that the two of you have been married for at least three years, and indeed have lived together in the UK for at least one year, and accordingly you will have retained rights in the UK following the divorce ..... assuming of course your EEA spouse has indeed been exercising Treaty Rights in the UK.

Given that you married your spouse in December 2006, you commenced to exercise Treaty Rights at that time, and so the 5-year anniversary is in December this year.

John wrote:It certainly appears to be the case that the two of you have been married for at least three years, and indeed have lived together in the UK for at least one year, and accordingly you will have retained rights in the UK following the divorce ..... assuming of course your EEA spouse has indeed been exercising Treaty Rights in the UK.

Given that you married your spouse in December 2006, you commenced to exercise Treaty Rights at that time, and so the 5-year anniversary is in December this year.

so the HO counts from the day we got married or when i have been issued my 5 years resident ( aug 2007)
and wots the best thing to do now apply to retrain my resident first or just wait then apply for my PR !!
thx john

racim wrote:

John wrote:It certainly appears to be the case that the two of you have been married for at least three years, and indeed have lived together in the UK for at least one year, and accordingly you will have retained rights in the UK following the divorce ..... assuming of course your EEA spouse has indeed been exercising Treaty Rights in the UK.

Given that you married your spouse in December 2006, you commenced to exercise Treaty Rights at that time, and so the 5-year anniversary is in December this year.

so the HO counts from the day we got married or when i have been issued my 5 years resident ( aug 2007)
and wots the best thing to do now apply to retrain my resident first or just wait then apply for my PR !!
thx john

any answer plz !!!

Hi

and wots the best thing to do now apply to retrain my resident first or just wait then apply for my PR !!

You can't apply for PR although you will have qualified by the time your divorce is granted. You have to first of all retain your rights....If you spend a few minutes searching this forum, you will find countless posts on this topic.

M