Immigrationboards.com

Posted: **Tue Mar 05, 2013 2:03 pm**

I have asked the question about the proof of exercising the Treaty Rights during 1 year before the DA is issued here:

http://www.immigrationboards.com/viewto ... 8&start=20

No one answered, and I have another question that is connected to the one above.

If a non-EU got the RoR and proved that the EU spouse had been exercising TR for 1 year before the DA was issued and this is the obligatory requirement, does that mean that when in 4 years after the divorce the time comes and a non-EU will be sending the EEA4 application for PR that 1 year is considered "covered" by RoR and the non-EU will have to cover only 4 years of residence?

This is not an "academical" question. Yeahh... my 17 years marriage came to an end

. Wanna know what to do and what to get prepared for now... So, comments would be greatly appreciated.

Posted: **Tue Mar 05, 2013 11:21 pm**

Satisfying the requirement that your partner and yourself had lived in the UK for a period of 1 year before your divorce was issued, does not automatically prove that your spouse was exercising treaty rights during this one year residence.

You will need to prove that treaty rights was exercised, otherwise, you will have to wait for 5 years after divorce to qualify for PR. Provided you indeed qualify for Retention of Residence.

Posted: **Wed Mar 06, 2013 11:34 am**

Thank you Obie, thanks a lot.

So, the only reason I see for a non-EEA to send the 1 year payslips or invoices for self-employed in his/her RoR application is that they can help proving the EU presence in the UK... Is that right? I have an idea that the non-EU would better hold to those documents until the time to apply for PR comes.

Obie wrote:You will need to prove that treaty rights was exercised, otherwise, you will have to wait for 5 years after divorce to qualify for PR. Provided you indeed qualify for Retention of Residence.

The way I see it I certainly am. I am working, EU husband has been working ever since we arrived in September 2011, we have been married for 17 years and have been residing in the UK since the date above (1 year and 4 months by the time I sent my petition to the court). I never traveled anywhere since I arrived. My husband did travel a couple of times, and each time he was absent for approximately 2 weeks, both times well before the Decree Nisi. I got the RC in November 2012.