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Confuse
Posted: Fri Sep 23, 2016 6:26 pm
by Tarus77
Good day lovely people on this forum, please l need direction.
I am a non EEA national married to an EEA national, we got married in 2013, we are having issues at the moment concerning the having children, l want to have a child but she doesn't and she's told me to leave if l want as she doesn't want to have a child.
My question is ,if l leave, what are my options concerning my immigration status? At the moment l have a 5 year residence card l got in 2014.
Your contributions will assist me.
Thanks
Re: Confuse
Posted: Fri Sep 23, 2016 7:01 pm
by noajthan
Has sponsor/spouse been exercising treaty rights since you married?
Do you mean leave or divorce?
Re: Confuse
Posted: Fri Sep 23, 2016 7:21 pm
by Tarus77
Yes EEA national exercising treaty right since married and l mean if we divorce.
Re: Confuse
Posted: Fri Sep 23, 2016 7:27 pm
by noajthan
Tarus77 wrote:Yes EEA national exercising treaty right since married and l mean if we di
vorce.
If you hang on (married) until 2018 you may acquire PR.
If you can't wait and you divorce after 3rd anniversary then shoot for ROR.
Re: Confuse
Posted: Fri Sep 23, 2016 7:59 pm
by Tarus77
But the date stipulated on my visa for renewal for PR is 2019.is it the marriage or visa that is counted toward PR?
Re: Confuse
Posted: Fri Sep 23, 2016 8:03 pm
by noajthan
Tarus77 wrote:But the date stipulated on my visa for renewal for PR is 2019.is it the marriage or visa that is counted toward PR?
Marriage.
Re: Confuse
Posted: Fri Sep 23, 2016 9:22 pm
by Tarus77
Thank you very much noajthan, l really appreciate you contribution.
Re: Confuse
Posted: Wed Oct 05, 2016 5:08 pm
by Tarus77
I just got off the phone with European contact center, I was told that l can't apply for PR in 2018 when my marriage complete 5years because of the kind of visa( visitor's visa) l had before acquiring my residence card, that l have to Wait for my residents visa to complete 5years in 2019.
Pls is this right?
Re: Confuse
Posted: Thu Oct 06, 2016 2:55 pm
by Tarus77
Pls someone in a similar situation should pls help me out .
Re: Confuse
Posted: Thu Oct 06, 2016 3:15 pm
by noajthan
Tarus77 wrote:I just got off the phone with European contact center, I was told that l can't apply for PR in 2018 when my marriage complete 5years because of the kind of visa( visitor's visa) l had before acquiring my residence card, that l have to Wait for my residents visa to complete 5years in 2019.
Pls is this right?
They are incorrect.
A RC is optional, it grants no rights and is almost irrelevant.
If sponsor/spouse been exercising treaty rights since you married (as you have confirmed) then PR clock has been running since then.
PR will be acquired on 5th wedding anniversary if sponsor remains a qualified person;
(also assuming neither party has enjoyed prolonged absences from UK and also that you are still married to each other by 2018).
You can get it direct from horse's mouth, here:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF
And in HO's own guidance, here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
Re: Confuse
Posted: Thu Oct 06, 2016 3:18 pm
by omonile
Tarus77,Please listen to Oracle's on this forum, you will not be misled.