Immigrationboards.com

Dear moderators
I am here to seek some help from you in my present situation. Please help me. Here below is my present situation:

I am a No EU married with an EU citizen and currently holding a EEA residence card. We got married on August 2013. So its been 2 years now since we married. My marriage life is not going good at this moment. We are passing very difficult time. Thre is so many things happeneing in my married life which I can not explain all here and giving me so much mentaly pressure.
I know that i need to be atleast 3 years together to gain ROR. So I am really passing a very complex time. My partner also does not want to divorce and saying that if I want then I can arrange by myself. My partner is eligible for PR. Does it bring any advantages or disadvantages for me if my partner got the PR? Like: if my partner got PR then.....
1) will I be still considerd as EU law or it will be British law?
2) will I still have to show treaty rights proof?
3) if British law applied then will I still need to be together atleast 3 years or it can be less then 3 years?
4) could you please mentioned all other avdantages and disadvantages which can be effect on me if my partner receive PR.
Many many thanks for all of your valuable time

The average marriage life between EU and non EU national usually last between 2-5 years depending on circumstances. UK law will not come into play. For retaining right you should divorce but at least 3 years of marriage should have been past even you separate living but still be called as EU national family member. For this plan you will need the treaty rights evidences but again the marriage must be lasted at least 3 years.

Marriage with EU national: A word which should be pronounced "mirage".

UKBA HUNTER wrote:The average marriage life between EU and non EU national usually last between 2-5 years depending on circumstances. UK law will not come into play. For retaining right you should divorce but at least 3 years of marriage should have been past even you separate living but still be called as EU national family member. For this plan you will need the treaty rights evidences but again the marriage must be lasted at least 3 years.

Marriage with EU national: A word which should be pronounced "mirage".

Thank you UKBA HUNTER for ur reply. What will happen if my partner dont want to provide the employment proof such as pay slips, p60? But my partner is working full time and will be contuning. Will I have to provide my partners passport or ID? If we get divorce it will not be very easy for me to provide those documents as divorce will not be done in a nice way. Is there any other options in that case for those documents? Thank you very much for ur help

You have to be careful, coz if she acquires British Citizenship and you do not fall into the 2012 Transitional provision, you will lose the right under EU law.

If you file for a divorce, and she is working during that, then you may be able to retain a right of residence.

Obie wrote:You have to be careful, coz if she acquires British Citizenship and you do not fall into the 2012 Transitional provision, you will lose the right under EU law.

If you file for a divorce, and she is working during that, then you may be able to retain a right of residence.

Thank you very much #Obie for ur help. What will happen if she does not want to help me with payslips and passport or id? I know the NI number. Is it acceptable to home office to find out the employment by NI? And we provided her original passport with my EEA Resident card application and I hope Home Office kept a copy of that. Will I still have to provide the passport or ID again? I dont think that she will provide me those documents. please help me by giving ur valuable suggestions. Many thanks

You may be ok Subject to any rules changes in place at the time of your application.

Obie wrote:You may be ok Subject to any rules changes in place at the time of your application.

Thank you very much Obie...

UKBA HUNTER wrote:The average marriage life between EU and non EU national usually last between 2-5 years depending on circumstances. UK law will not come into play. For retaining right you should divorce but at least 3 years of marriage should have been past even you separate living but still be called as EU national family member. For this plan you will need the treaty rights evidences but again the marriage must be lasted at least 3 years.

Marriage with EU national: A word which should be pronounced "mirage".

What do you mean by that? This, I think is, probably one of the most outrageous comment I have seen in this forum. If people get together with the intention of getting to this country, then your statement hold true. But there are people in genuinely fulfilling relationship and coming up with baseless statistic like what you have mentioned above is just very narrow-minded.