Immigrationboards.com

Please I have lived in UK for 5 years and 3 months legally now but before now in 2017 my EU spouse applied for permanent residency for himself and put my name and the children’s name as qualifying family members but the home office refused to give us the Permanent residence and even revoked our 5 years residency stating that as at the time my spouse married me he was still married to another woman. We appealed and won the case, at the end of the case we were given another 5 years residency instead of Permanent residency.
Now my question is can I apply for a permanent residency now plus my spouse and I are no longer together and left me with very few of his documents. What is the next thing for me to do please I need urgent answers .
Thanks

Omoeni wrote: ↑

Sun Mar 24, 2019 1:48 am

We appealed and won the case

Without a precise wording of the judgment, we would be unable to assist you in much detail.

However, from the description of your case (that your spouse was already married at the time of your marriage and that the Home Office gave you another five year Residence Card rather than PR), it sounds as if the Home Office is treating you as a durable partner and not the spouse of an EEA citizen.

Durable partners have fewer rights compared to spouses. For a start, your five year residence period only starts when you are issued the five year Residence Card. So, you are not eligible for PR.

Secondly, your right to reside in the UK ends if your relationship with the EEA citizen breaks down. So, if the EEA citizen has left you, you do not have the right to reside in the UK, let alone stay here until you acquire PR.

Again, for us to advise you further, it would be better if you can reproduce the court/appeal judgment here (after taking out all personally identifiable descriptions).