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hi,

my ex-wife is an EEA national (myself non-eea) and has been here for over 5 years and working. she plans to apply for PR, can I send my application with her? the only problem is that my resident permit still has time and expires in 2012, we got married in 2006, separated in 2009 but on good terms. I came to UK as a student 6 years ago, got married 4 years ago, recieved resident permit 3 years ago and separated just over a year ago.

Have you divorced or separated? These are two different things.If you have divorced then you have to apply for retain right of residence which is tricky nowadays . At the moment you are not covered by the treaty rights your ex-wife is enjoying so you have to retain your right of residence before your resident card runs out. You cannot apply for PR since you have not been a family member for the required 5 continuous years of exercising treaty rights. I will advise you to seek legal advise immediately or do it yourself to retain your right of residence

troubled wrote:Have you divorced or separated? These are two different things.If you have divorced then you have to apply for retain right of residence which is tricky nowadays . At the moment you are not covered by the treaty rights your ex-wife is enjoying so you have to retain your right of residence before your resident card runs out. You cannot apply for PR since you have not been a family member for the required 5 continuous years of exercising treaty rights. I will advise you to seek legal advise immediately or do it yourself to retain your right of residence

We have only separated just over a year now. I'm currently in fulltime education. so whats the best way, divorce or stay separated atleast until the time comes for PR? does being separated and not divorced mean I continue to be a family member?

franked wrote:

troubled wrote:Have you divorced or separated? These are two different things.If you have divorced then you have to apply for retain right of residence which is tricky nowadays . At the moment you are not covered by the treaty rights your ex-wife is enjoying so you have to retain your right of residence before your resident card runs out. You cannot apply for PR since you have not been a family member for the required 5 continuous years of exercising treaty rights. I will advise you to seek legal advise immediately or do it yourself to retain your right of residence

We have only separated just over a year now. I'm currently in fulltime education. so whats the best way, divorce or stay separated atleast until the time comes for PR? does being separated and not divorced mean I continue to be a family member?

where is the EEA national now?

shes here in UK and working part time as she has to look after our child. we separated just over a year ago and now she plans to apply for PR as shes been here for 5 years working and registered with home office for WRS. I just wanna know if I can send my application too with hers given that we're married for 4 years, I have residence card of a family memebr for 3 years and have been in the country for over 5 years. my status was student before marrying. its a bit tricky I know and Im struggling to figure that out for quite some time now, even have spoken to couple of lawyers which turned out to be a completely rubbush experience as they knew nothing about the EU law but still I hope there are people out there who have the better understanding of the situations like this or have experienced the same thing.

Theres one thing that might cause a problem, shes currently claiming housing benefit and WTC and Im wondering if thats going to be an issue.
Anyone that could clarify that?

many thanks!

franked wrote:I just wanna know if I can send my application too with hers given that we're married for 4 years

No, you cannot. You need to have been married for 5 years with your wife exercising treaty rights throughout the period.

sounds fair enough to me if thats the case. Anyone who doesnt agree with that?