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ILR Application of EU spouse
Posted: Mon Nov 26, 2012 9:16 pm
by futurelinks
Hi All, My non EU national cousin has been married to a EU national for last two and half years. Her EU national spouse has started divorce proceeding. That mean after divorce my cousin would not be family member of a EU national any more. Can my cousin apply for ILR on the basis that she has been in relations for two and half years?
Posted: Mon Nov 26, 2012 9:26 pm
by ravii
Under EU route your cousin will loose the right to stay in the UK as his EEA national wife started divorce procedings just after 2.6 year,unless he is a father of EEA child.ILR?if your cousin is in this country legally for last 10 years then he may apply FLR.
Posted: Mon Nov 26, 2012 9:59 pm
by Directive/2004/38/EC
EU applications would be PR, not ILR.
[edited to remove incorrect info]
Posted: Mon Nov 26, 2012 10:12 pm
by Obie
Directive/2004/38/EC wrote:Time is measured until the divorce is finalized.
Well i believe in the context of Retention of Residence, the marriage should have lasted for 3 years before divorce proceeding are initiated. However in the context of the family member status, that does not come to an end until marriage is dissolved by competent authority.
If your cousin wait 6 more month before initiating divorce proceeding,he may be fine. If mot, he will not be able to retain residence, as correctly stayed by ravi
Posted: Mon Nov 26, 2012 10:15 pm
by Directive/2004/38/EC
Obie wrote:Directive/2004/38/EC wrote:Time is measured until the divorce is finalized.
Well i believe in the context of Retention of Residence, the marriage should have lasted for 3 years before divorce proceeding are initiated. However in the context of the family member status, that does not come to an end until marriage is dissolved by competent authority.
If your cousin wait 6 more month before initiating divorce proceeding,he may be fine. If mot, he will not be able to retain residence, as correctly stayed by ravi
Sorry, you are very right.