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Divorce within 1 year of EEa4 PR granted.

Posted: Tue Nov 16, 2010 9:32 pm
by zinger1
Its simples people,
Basically i have got PR through EEA4. My wife who is a eea national wants a divorce from me now. We have a 2 year old kid between us. This divorce will be completed before 1 year of me getting the PR.

Few questions that I have for everyone.

1. After the divorce, do i loose the right to stay in this country.

2. I called HO, they said that after divorce, if its within 1 year of me getting PR, I have to apply for retention of right of residence. Is this true.

3. Am I still dependent on my wife after the PR.

sOME ADIVICE WOULD BE GREAT.

Posted: Wed Nov 17, 2010 8:24 am
by 86ti
This is confusing, please clarify: are you or will you be a permanent resident at the time of divorce or not. PR is hold in your own right, i.e. an independent status. And no, PR and ILR are not the same. No reason to start a poll for facts.

Posted: Wed Nov 17, 2010 12:58 pm
by zinger1
I already have PR granted to me 2 months ago. I started the poll because when I called home office they tell me that PR through EU route is not the same as ILR. And they tell me that after divorce I will have to apply for retention of right of residence, even though I have PR.

Posted: Wed Nov 17, 2010 1:21 pm
by Guerro
If you hold a pr where it is written ''valid for ten years'' and '' no restrictions on the person's activity'', then you ONLY lose it if you stay two continuous years outside the uk. You don't need to apply for retention.
Can you please put the wording of the letter sent from the home office with your pr? Can you also put the wordings of the pr itself as well as dates?

Posted: Wed Nov 17, 2010 4:02 pm
by zinger1
It does say valid for 10 years, and wiith no restrictions. But I don't why HO tells me that I have to apply for retention. If divorced with EEA national. My date of pr is 3 sep 2010

Posted: Thu Nov 18, 2010 10:54 pm
by kashyme
You don`t need to apply for retention as you are already permanent resident. May be the person you talked to on phone misunderstood your question or he know nothing about the eu law. Retention of rights is for those people who has residence card as a family member of eea national and they divorce before acquiring pr status.