Surinder Singh LTR after divorce
Posted: Fri Nov 28, 2014 12:26 am
Dear Forum advisors and supporters,
Asking for hopefully simple suggestion and may be this will systemise some previously published questions on this topic.
Thank you in advance for your hand on this matter.
After years of trying to save my marriage (husband was drinking a lot...), finally decided to apply for divorce.
We moved to the UK after France and searching for better life here, and I was sincerely hoping being near family will improve my husband's happiness. Unfortunately this only impacted his stress and drinking habits, as by his words the UK has changed a lot and not to the right direction... I still keep on positive thinking, but now he wants to escape to New Zealand. So, we talked and decided to divorce, as I enjoy living here and believe England has a lot of talents, very special education and "school of life" though understand him searching for more relaxed life on an island.
And legalities.. I have 5 years EEA Family Member Residence Permit, by EEA route (I understand this is Surinder Singh case as husband is British), I am a non-EEA national, have lived in the UK for 3 years, married for almost 4 years.
I have my successful Ltd company (self-employed) and pay taxes for the last year, before that was employed. My husband is self-employed (Ltd company) but not sure he pays taxes (declares 5£ per year).
Several questions answers to which I hope will also help to those in the same situation:
1.When Decree Absolute is granted and divorce is final, as I understand I have to notify Immigration Services (which ones?) and apply for Leave to Remain or shall I just apply for LTR without notifying anyone? Do I have to apply for LTR straight away or may be I shall not do it at all as already have a Residence Card?
2. If I have to apply for LTR which form shall I use for such application? EEA2 or EEA4? Anything additional?
3. Which documents should I attach to such application from my and his side? Covering which period?
4. I am confused by term "exercising treaty rights" - which documents do confirm such status for me and him? Can you give an example please
Looking into the future:
5. When can I apply for permanent residence and naturalisation? After 5 or 10 years?
British passport is really handy as I often travel to Europe for business and you can't imagine how tiring it becomes with issuing visas every time and all these questions on borders. It's a pity the rights of people born in non EEA countries are so limited.. I can only wish for the world without such limitations.
6. For EEA route - are there the same limitations for a number of days outside of the UK in the last year before applying for permanent residence - just 90 days, or 180 days are still acceptable? This is again because I need to travel in Europe for work and it would be wise to plan the year in advance to stay within the rules.
Thank you in advance for your support and also sharing your successful stories in the same situation.
Asking for hopefully simple suggestion and may be this will systemise some previously published questions on this topic.
Thank you in advance for your hand on this matter.
After years of trying to save my marriage (husband was drinking a lot...), finally decided to apply for divorce.
We moved to the UK after France and searching for better life here, and I was sincerely hoping being near family will improve my husband's happiness. Unfortunately this only impacted his stress and drinking habits, as by his words the UK has changed a lot and not to the right direction... I still keep on positive thinking, but now he wants to escape to New Zealand. So, we talked and decided to divorce, as I enjoy living here and believe England has a lot of talents, very special education and "school of life" though understand him searching for more relaxed life on an island.
And legalities.. I have 5 years EEA Family Member Residence Permit, by EEA route (I understand this is Surinder Singh case as husband is British), I am a non-EEA national, have lived in the UK for 3 years, married for almost 4 years.
I have my successful Ltd company (self-employed) and pay taxes for the last year, before that was employed. My husband is self-employed (Ltd company) but not sure he pays taxes (declares 5£ per year).
Several questions answers to which I hope will also help to those in the same situation:
1.When Decree Absolute is granted and divorce is final, as I understand I have to notify Immigration Services (which ones?) and apply for Leave to Remain or shall I just apply for LTR without notifying anyone? Do I have to apply for LTR straight away or may be I shall not do it at all as already have a Residence Card?
2. If I have to apply for LTR which form shall I use for such application? EEA2 or EEA4? Anything additional?
3. Which documents should I attach to such application from my and his side? Covering which period?
4. I am confused by term "exercising treaty rights" - which documents do confirm such status for me and him? Can you give an example please
Looking into the future:
5. When can I apply for permanent residence and naturalisation? After 5 or 10 years?
British passport is really handy as I often travel to Europe for business and you can't imagine how tiring it becomes with issuing visas every time and all these questions on borders. It's a pity the rights of people born in non EEA countries are so limited.. I can only wish for the world without such limitations.
6. For EEA route - are there the same limitations for a number of days outside of the UK in the last year before applying for permanent residence - just 90 days, or 180 days are still acceptable? This is again because I need to travel in Europe for work and it would be wise to plan the year in advance to stay within the rules.
Thank you in advance for your support and also sharing your successful stories in the same situation.