Please advise about Right of Residence aplication
Posted: Mon Dec 21, 2015 1:58 pm
Hi there!
I need some help about right of residence, I think some of you may know the correct answer for me. The situation is as follows:
- I got married on 22/jun/13
- I moved to the UK with my brazilian wife in January 2014. We're both brazilian but she's a Italian citizen by background. So as you can suppose I have an EEA Residence Card valid until 2019.
- She's moving back to Brazil by the beginning of July 2016 and as I'm starting my business here, I don't want to move back and we're going to get divorced. In addition to that our relation is not being the best, as well.
All right, so judging that:
- We'll complete 3 years of marriage on 22/jun/16;
- We'll be living together in the UK for more than two years;
- She will leave her job at 28/jun/16;
- We'll have to apply for the divorce right after the 3-years anniversary:
I ask you: Would you consider safe for me to apply for the Right of Residence, as this gap is so short between anniversary/divorce/she leaving?
She's working full time and I'm exercising treaty rights and am self-sufficient as a self-employed.
I've been advised that I could have it denied once the time is really short for apply for the divorce just after the 3-year anniversary. I've also been advised that I should register her as a self-employed person two months before the divorce and declare some income in her name, and just apply for the visa like 2 months after she have left. But the other question is: wouldn't it be more risky as she would be still paying taxes but no longer living in the UK by then?
She can't wait to move back to Brazil. She'll just wait for the tenancy contract to finish and then move back. She hates her job and wouldn't stay one more day there, I can assure you.
Sorry about the big question guys, hope you can clarify some thing for me, I'd be really really grateful.
Thanks very very very much in advance and have a very happy Christmas!
I need some help about right of residence, I think some of you may know the correct answer for me. The situation is as follows:
- I got married on 22/jun/13
- I moved to the UK with my brazilian wife in January 2014. We're both brazilian but she's a Italian citizen by background. So as you can suppose I have an EEA Residence Card valid until 2019.
- She's moving back to Brazil by the beginning of July 2016 and as I'm starting my business here, I don't want to move back and we're going to get divorced. In addition to that our relation is not being the best, as well.
All right, so judging that:
- We'll complete 3 years of marriage on 22/jun/16;
- We'll be living together in the UK for more than two years;
- She will leave her job at 28/jun/16;
- We'll have to apply for the divorce right after the 3-years anniversary:
I ask you: Would you consider safe for me to apply for the Right of Residence, as this gap is so short between anniversary/divorce/she leaving?
She's working full time and I'm exercising treaty rights and am self-sufficient as a self-employed.
I've been advised that I could have it denied once the time is really short for apply for the divorce just after the 3-year anniversary. I've also been advised that I should register her as a self-employed person two months before the divorce and declare some income in her name, and just apply for the visa like 2 months after she have left. But the other question is: wouldn't it be more risky as she would be still paying taxes but no longer living in the UK by then?
She can't wait to move back to Brazil. She'll just wait for the tenancy contract to finish and then move back. She hates her job and wouldn't stay one more day there, I can assure you.
Sorry about the big question guys, hope you can clarify some thing for me, I'd be really really grateful.
Thanks very very very much in advance and have a very happy Christmas!