EEA PERMANENT Residence following divorce.

[Azhaar]

Hi Everyone
first of all thanks to who ever provided me help in the past to come to this stage.


I am non eea national was married to eea national and divorced due to some difficult circumstances (domestic violence)..


I got married back home (Yemen) in 2005
came to the UK 2006
got my residence card in 2008 with 5 years
domestic violence and separation was later in 2008
divorced in 2010

Now as far as I know I am entitled to apply for my PR cus I have completed 5 years legally resident and working in the UK.

My question do I have to apply for retention of right b4 I apply for PR or its automatically obtained cus I have been married for more than 3 years and more 1 year was in the UK.

Documents I have:

5 years proof of employment for me
about 5 years of employment proof of my x husband (Long story until i got them)

Tenancy agreement and few bills proving that we were living together b4 until domestic violence incident.

tenancy agreement after separation for me only
bills after separation for me only.

DIVORCE CERTIFICATE was finalised last year april 2010

so I dont know if i can just apply for permanent residence or first I have to retain my right using EEA2 ..

Please Advise me...



Azhar Omar

[vinny]

See also Amos. Probably just apply for EEA4 directly.

Retaining rights via 10(5)(d)(iv) may be more appropriate?

[Azhaar]

See also Amos. Probably just apply for EEA4 directly.

Retaining rights via 10(5)(d)(iv) may be more appropriate?

thx for your reply.. anyway I will keep everyone updated with my case..


I have all the documents required for EEA Permanent residence.. I am thinking to write to the Home office explaining the whole situation..

I have claimed tax credit for my child's child care cus I work full time and sometimes part time, and I am a single mother i have no one to look after my child -- will that count as unreasonable burden on the state...


thx

[Azhaar]

sorry another thing i forgot to ask..

because I entered the uk in NOV 2006 do i HAVE To apply in nov 2011 or I can apply now.?

[Directive/2004/38/EC]

In a normal case PR would likely happen 5 years after you enter the UK (assuming you were already married to EU citizen). It happens automatically, though you will likely want to apply for the PR card which acts as a confirmation that you have it.

When there is domestic violence, PR might happen automatically early or at least you can apply early.

In any case, you should just put together all the documentation and send in the application. You do not need to wait until the very last moment.

Having children is not a burden on the state. In fact it will make it a lot easier on the state in 20 years time when they child starts working! Don't worry about it.

Note that if your child is not already British and was born in the UK, they can register as British citizens as soon as you get your PR.

[Obie]

I believe you can only secure Pr early if you are someone who is a worker that has ceased activity under regulation 5 or the family member of such person.

However someone can retain right of residence as a victim of domestic violence, without having been married for three years or having lived in the host state for at least a year.

[Directive/2004/38/EC]

Thanks Obie!

[Azhaar]

Thank you very much for all the advise.. i really appreciate it.. hopefully once i recieve my PR i will let u all know and how it went through..

take care