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PR, ILR, RETENTION RIGHTS & 5 YRS RULE IN THIS INSTANCE

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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oraake
Newbie
Posts: 41
Joined: Sun Feb 17, 2008 5:45 pm

PR, ILR, RETENTION RIGHTS & 5 YRS RULE IN THIS INSTANCE

Post by oraake » Sun Jun 06, 2010 1:32 am

Hello good people !

I just need a few clarifications about PR, ILR and RETENTION RIGHTS is a particular instance. Here it goes:

What happens if a non eea family member (spouse) of an eea national divorces the eea national within 5yrs of marriage (4 yrs and 6 weeks), and informs the HO of this. Obviously, there would be a need to change the immigration status

Upon application, does the non eea national apply for :
(i) PR
(ii) ILR
(iii) RETENTION RIGHTS

A different question here, does the stipulated 5 years of marriage under eu law commence from the date of marriage or the date the family residence card was issued?

In my case i got married in April 2008 and residence card issued Dec 2009.

Please kindly respond.

Thanks

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Re: PR, ILR, RETENTION RIGHTS & 5 YRS RULE IN THIS INST

Post by Plum70 » Sun Jun 06, 2010 9:56 am

oraake wrote:What happens if a non eea family member (spouse) of an eea national divorces the eea national within 5yrs of marriage (4 yrs and 6 weeks), and informs the HO of this. Obviously, there would be a need to change the immigration status
Upon application, does the non eea national apply for :
(i) PR
(ii) ILR
(iii) RETENTION RIGHTS
A different question here, does the stipulated 5 years of marriage under eu law commence from the date of marriage or the date the family residence card was issued?
In my case i got married in April 2008 and residence card issued Dec 2009.
With your marriage in 2008 you will automatically attain PR in 2013 unless you already foresee it not lasting that long.

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