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Hello everyone,

I have been married to a romanian citizen in Oct 2013, marriage didn’t went well as we thought, we lived together for four years and then we got separated in November, I have applied for divorce in April but issue with the decree nici on 10th of December and can apply for decree absolute on 25th jan. my eea residence visa will expire on first week of December, my Wife was working through out the year till now and I was working as well
Can I apply my application for ror with decree nici and tell the home office that I can submit my decree absolute as soon as I get? Will the home office will aceept my application as my work need me to prove them I am able to work or should I wait for the decree absolute but then I will be overstating and I will be harming my pr after wards ?

Just need your advice

Hi you can apply for PR on your 5th wedding anniversary so I think you should apply for PR instead of ROR..Thanks

Hi pola,

Thanks for your reply, can I apply for the pr,even if the relationship is not durable anymore? My lawyer is saying if I apply for pr they home Office might reject stating the relationship has broken down? But if I apply ror without the decree absolute, will it gonna be aspected as the decree absolute will be issue in January.
My employer wants to check my right to work can they do
It online ?

Yes you can apply PR but you need to inform HO that you are in the process of getting divorce.you also need to prove that your EEA family member was working from last 5 years...I don’t think you can apply with decree nisi..just wait for the senior member advice like Obie..when you residence card expiring?

Hi pola,
It’s expiring on the 10th dec

If you able to get your EEA National valid ID card & last 5 years employment papers then go for PR.just in cover letter explain that you are not living together and getting divorce.I don’t think HO will refuse your application just bcoz you getting divorce and please don’t rely on my advice im not a immigration lawyer.i hope someone senior will give you good advice on this forum.Thanks

Thanks pola,

I have all the documents like
1.her pay slips over 5 years
2.rent agreement
3. My pay slips over 5 years
4.she is willing to give a copy of her current passport
5. I do have her yellow card

Can one of the senior can please advice me

Was she a Romanian national with permission to work before the 01-01-2014.

You may qualify under regulation 15(1) (b), depending on the circumstances.

Yes she was

You should qualify for Permanent Residence, if your wife has been a qualified person all through, unless of course she cease from being a qualified person on initiation of the divorce, that way, she will have to rely on a retained right of residence from when the petition was initiated and qualify under Regulation 15(1)(f).

Thank you Obie, I will be applying for retain right ten., but as I am getting my decree in January can I apply before and tell home office that my decree ablaoute will be issued in January as my visa is expiring in next three week and also will the home office will
Issue any certificate if I can work as my employer needs to check my eligibility
Thank you again for your advice