Immigrationboards.com

hello

i am a NON- EEA married to EEA national .

i entered UK sep 2008 ,got married jan 2009 ,got my RC sep 2009 valid till sep 2014 .we lived together with my wife from sep 2008 till jan 2011 we separated but we remain married up to now but at the moment we are on divorce process .
my wife she entered this country on 1991 she studied here and she went to college here but she have no paper prove left as she lost everything on previous house she started work sep 2007 and she stopped working April 2011 after we split up . at the moment she is on benefit .
me i worked in the UK since July 2009 up to now and still working in same place i have all the proves .
and also have a letter prove from tax office of my wife's working period as she lost all her p60.

now i wanted to remain in UK after divorce but i don't know if i can and what to do .

plz if any one been on this before. ur advice will take my stress away.



Thank's[/b]

Your wife will need to be working or self-employed, or self-sufficient, or Student at the time of the divorce being finalised for you to be able to retain your right of residence.

In addition apply for 5 year residence document, keep your options open and gives a further appeal opportunity etc.

@ al patron thx for ur replay mate but i didnt get it what did u mean by 5 years residance document .if u say it clearly that will be great mate thx

Mhimi wrote:@ al patron thx for ur replay mate but i didnt get it what did u mean by 5 years residance document .if u say it clearly that will be great mate thx

May be he is trying to say if you apply for ROR they will issue you 5 years RC again

anyway if your wife is not working but claiming benefit then you may be in trouble. Can you tell us what sort of benefit she claiming?

She can claim now but before divorce finalised she need to be exercising treaty right either by Studying, working, self sufficient

she is on JSA
the problem we not in good contact now so she is not going to work cuz of me .

Mhimi wrote:she is on JSA
the problem we not in good contact now so she is not going to work cuz of me .

that's fine then . Job seeking is exercising treaty right too

I suggest you start divorce proceeding asap then

If your divorce finalised when she is in Job seeking you will retain your right of residence . Home office expect a job seeker to find a job within 6 months. Even if she doesn't then as long you can prove that she have genuine chance of employment then you will be fine

But she s been on jsa since we split up in April 2011 up to now and what do u mean I prove she has genuine chance.