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backstabed wrote:thanks for your reply vinny.

I am not good at understanding those complicated worded links that you have posted if you could kindly explain to me what it actually means I would appreciate and what documents would I need in order to apply for my PR under those rules.

I Have a 5 year old girl with my ex partner and we havent divorced yet but Im thinking to apply for a divorce! if any of this information helps in my situation please advice.

really appreciated everyone on this board for helping out each other!

backstabed wrote:i already qualify for PR

Obie wrote:I think where there is infedelity there can be no turning back.

I think Vinny is correct . You cannot retain a right of residence if you have right of Permanent Residence under Regulation 15 (1)(b)

vinny wrote:You may satisfy 15, but probably not 10.

alex1128 wrote:

Obie wrote:I think where there is infedelity there can be no turning back.

I think Vinny is correct . You cannot retain a right of residence if you have right of Permanent Residence under Regulation 15 (1)(b)

But wouldnt it be a problem if they find out that he doesnt live anymore with his ex-partner in case he applied for PR ?

EEA case law and appeals wrote:Diatta (C-267/83)
In the case of Diatta, the ECJ stated that a direct family member who does not live in the same household as the EEA national, is still considered to be a family member as defined in regulation 7 of the Immigration (European Economic Area) Regulations 2006 (the Regulations).
This applies for as long as:
 they stay related to the EEA national
 the EEA national continues to exercise treaty rights in the same member state
For example, if an EEA national is working in the UK and separates from their spouse but does not get a divorce, the spouse will continue to be treated as a family member for as long as:
 they remain married
 the EEA national continues to exercise treaty rights in the UK or resides in the UK with a right of permanent residence
If they later get a divorce the spouse will only have a right to live in the UK if they satisfy the conditions of regulation 10 of the regulations relating to retained rights.

For guidance on assessing applications from direct family members, see related link.

vinny wrote:

EEA case law and appeals wrote:Diatta (C-267/83)
In the case of Diatta, the ECJ stated that a direct family member who does not live in the same household as the EEA national, is still considered to be a family member as defined in regulation 7 of the Immigration (European Economic Area) Regulations 2006 (the Regulations).
This applies for as long as:
 they stay related to the EEA national
 the EEA national continues to exercise treaty rights in the same member state
For example, if an EEA national is working in the UK and separates from their spouse but does not get a divorce, the spouse will continue to be treated as a family member for as long as:
 they remain married
 the EEA national continues to exercise treaty rights in the UK or resides in the UK with a right of permanent residence
If they later get a divorce the spouse will only have a right to live in the UK if they satisfy the conditions of regulation 10 of the regulations relating to retained rights.

For guidance on assessing applications from direct family members, see related link.

vinny wrote:Permanent residence card.

vinny wrote:If you are on better terms with your wife, then can you get these documents?

Else, hopefully, they will have records of your wife's confirmation of PR. You may confirm that she hasn't been absent from the UK for over two years since then. You should also confirm that you haven't been absent from the UK for over six months during your five years as an EEA family member, etc.

They should also note Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012) in relation to her passport or ID.

3(2) wrote:(a) periods of absence from the United Kingdom which do not exceed six months in total in any year;

backstabed wrote:Thanks vinny!

I think I'm gonna go ahead and apply without her passport or pr card. And use only what I have on me...everything else I mentioned in previous posts.

Sponsor's status at relevant date
Note
If you find it difficult to provide all of the relevant evidence because your sponsor has died or left the UK, or you’re no longer able to contact them, please provide as much information about them and evidence as you can