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Hi all, I am wondering if someone can help with my query as I am finding it difficult to find definitive information online. I received permanent residence, residence card of a family member of a union citizen last december 2015. I'm Australian male married to French female. Our relationship was under strain just before and during application process but now we are most likely divorcing ( process hasn't started yet ). Where does that leave me with my Permanent Residence, especially because also she wants to return to France.
There were no issues with my application for PR, we breezed through process all eligibility was met and it was issued in good time.
Do or will I need a different visa before or after divorce is basically my question. And will I be asked questions upon return to the uk if I travel by border security? I plan on applying for citizenship and British passport as soon as I can. Thanks in advance for your replies.

I think her returning to France nullifies your derived treaty rights so doesn't look good.

Wait for others though, this is not really my area.....

EDIT - ignore this - I read the OP's post wrong!

Niklog77 wrote:Hi all, I am wondering if someone can help with my query as I am finding it difficult to find definitive information online. I received permanent residence, residence card of a family member of a union citizen last december 2015. I'm Australian male married to French female. Our relationship was under strain just before and during application process but now we are most likely divorcing ( process hasn't started yet ). Where does that leave me with my Permanent Residence, especially because also she wants to return to France.
There were no issues with my application for PR, we breezed through process all eligibility was met and it was issued in good time.
Do or will I need a different visa before or after divorce is basically my question. And will I be asked questions upon return to the uk if I travel by border security? I plan on applying for citizenship and British passport as soon as I can. Thanks in advance for your replies.

If you have PR & not just a RC you are sorted.

Your settled status in UK is in the bag - that is what is meant by PR.
It can (usually) only be lost by a prolonged absence from UK of 2+ years.

When did you actually acquire PR? (may have been earlier than when you applied for & got your 'confirmation of PR' card).
Anyway, simply hold your PR status 12 months and you can shoot for privilege of citizenship in your own right - regardless of marital status;
(assuming all other requirements have been/can be met).

Hi Wanderer, Noajthan. Thanks for the quick responses..
Noajthan I have the permanent residence card, I received it early December just gone. That were my thoughts that now I have settled status it's " in the bag " I was just worried that the card makes reference to being a family member of a union citizen which obviously I won't be for too much longer. Can I expect to get quizzed as to my marital status at any stage on my return to UK if I go on holiday between now and my application for citizenship?

Niklog77 wrote:Hi Wanderer, Noajthan. Thanks for the quick responses..

Noajthan I have the permanent residence card, I received it early December just gone. That were my thoughts that now I have settled status it's " in the bag " I was just worried that the card makes reference to being a family member of a union citizen which obviously I won't be for too much longer. Can I expect to get quizzed as to my marital status at any stage on my return to UK if I go on holiday between now and my application for citizenship?

Think of your PR card as a Willie Wonka-style 'golden ticket' if you will.

Such a PR card is valid 10 years until renewal (that's not an expiry!).
I'm not aware of any requirement to renew due to a 'change of circumstances'.

IOs may ofcourse stop & question you, me, anyone on entry/re-entry into UK as they may see fit.

With PR/PR card from December you could shoot for citizenship in or after Dec 2016.
Make sure you can prove you were in UK 5 years previous to date of application;
also:

• all absences within limits;
  LITUK;
  referees;
  'good character';
  sound mind & etc.

No need for proof of English at least!

Hi there
I received my PR last December 2015. I came back this week from my home country at Heathrow airport they stopped me for further checks asked lot of questions about my spouse and about me and I waited around 40 minutes after the IO gave me my passport and BRP card back and authorised me to go.
When I asked why did you stop me he did not bother to explain useless people

??