Immigrationboards.com

Dear Moderators and members,

I hope someone can give me a wisdom advice.
I am a non-EEA national married to an EU national in May 2011. My wife has been exercising her treaty rights as a self employed since July 2011 in UK.
Things are not going well between us since January 2014 but somehow we were moving on but since October I lost all hopes because I found her dating with someone else. It is a long story but I made it shorter. I have gone through a mental depression and it affected my life badly. I never want to give her a divorce because I still love her but I think I was not good enough for her. She is planning to go back to her country with her new partner in April next year and therefore wants me to settle down a divorce. I have been studying at university since September 2013 and it will end up in July 2016. I am also taking student loan from a student finance company. I am holding an EEA 2 residence card valid until June 2017. I received it late because my application was initially refused due to lack of my wife’s employment documents but later won in appeal and received in June 2012. My wife is willing to help me so I would have following documents:

1) BT bills in my wife name (Feb 2011 to Dec 2011)
2) Joint bank statements (June 2011-Present)..... (*) My wife always uses this account for self employment since she started to work.
3) My wife NI contribution (2011- Present).... I don’t know the exact dates but I know that she pays them on time.
4) My wife tax returns ( She is paying that since she started to work as self employed)
5) Her accountant letter
6) Her invoices (June 2011-present)...... (*) She was out of country for 3 months from June 2014 so she didn’t work during that period but she is working now.
7) My solo account bank statements (2011-present)

I want to mention one more thing here that I was on a student visa in UK since December 2004 until June 2009 but then I had a refusal and then went on a appeal which I couldn’t win and I was an overstay since February 2010 until I married. Dear moderators and members I need your wisdom advice as we are going to file a divorce in 2 weeks time.

In the light of above circumstances do I have any chance of right of retention in UK after divorce?
In case of retaining my rights in UK would I be still eligible for student loan?
Your answers will be highly appreciated

Regards,

You have crossed 3 years marriage period with EEA national no matter when you receive your RC. By law if person stay 3 years with partner after marriage and then divorce then he can apply for ILR. But as soon as you divorce your partner let Home Office know by writing a letter and make your you receive response from them good luck

Thanks for your reply. Do you really think that I can apply for ILR ? Because ILR comes in UK immigration rules which doesn't apply on me because I married to an EEA national therefore I can only apply for PR if once I complete 5 years of marriage with EU partner. According to my knowledge if a person divorce with EU national after 3 years he can apply for right of retention. Please correct me if I am wrong. Other members also try to give their suggestion. It will be highly appreciated.

Thanks

Once there is a divorce , you will be able to deal with the issues of retention of residence.

You will not be able to secure ILR.

After 5 year since you were married, then Permanent Residence may be a possibility.

Obie,
Do I have to show 1year living together or it can be separate? Is there a requirement to say we must have lived together for 1year to qualify for ROR? Plus the other requirements.

Thanks Obie for the reply. I agree that I can't apply for ILR but as you said PR may be possible if I complete 5 years of marriage which wouldn't apply on me either. I believe you meant 5 years of total residence from the time of marriage. i.e 3.5 years of marriage period + 1.5 years with Right of retention. The reason I asked this question because I spoke to one of the solicitor, he totally confused me by saying that I am not even eligible for ROR as I have not completed 3 years after receiving RC. That's why I detailed everything here on this forum including my immigration history. In the light of circumstances and the documents which I mentioned in my first post do you think that I stand somewhere in a position to retain my right if once I will be divorced ? I know that you may not be able to answer my second part of the question but if do know then please share the information that whether can I continue to receive student loan after ROR ?

Kind regards