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EEA national on benifits, relationship break down.

Posted: Wed Sep 17, 2014 2:30 pm
by Aoodie
I'm a non-EEA national married to a Hungarian citizen in September, 2011. My wife and I, are considering to get divorce as we don't get along well with our marriages. I wondered if I still could get a PR with EEA retain rights.

2004: My wife arrived in UK with WRS
2004 - Jan, 2011: She had a part time job.
May, 2010: I arrived in UK as a student
March - Oct, 2011: She worked as a self-employed.
Sept, 2011 : We got married.
Dec, 2011: I got EEA2, and EEA1 for my wife.

Jan, 2011- March, 2013: She studied a master degree (without Health Insurance)

May, 2013: She applied Courts' Debt relief order and it was granted.
July, 2013: She was on JSA
June,2014 until now: She has been working as a self-employed.

We are not divorce yet but we planned to get divorce very soon. I have been working full-time since Sep,2011

I was wondering if I should apply for EEA3 for my wife, then getting divorce, and apply EEA2 (retain rights) for myself?