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Hi all, just had an inquiry would be greatful if anyone could help. Basically i have an rc for 5 yrs issued as an unmarried partner of an eea citizen even though we was married in 2008 we applied as an unmarried partners in 2009 cos we been living together since 2006 therefore could prove our relationship and cos at a time i didnt av the marriage certificate thats y applied as an unmarried partner. Now we r in a procces of divorce but im not sure if i can retain my right of residence as ukba issued my rc as an unmarried partner. Sorry for long complicated question but i would be greatful if anyone could help. Thanks

As long as you are Married for 3 years (or in a relationship from before that and can prove this), lived in the UK for 1 year. Can prove that the eea ex was exercising treaty rights in the UK you should be fine.I dont understand if you were married why did you apply as an unmaaried partner?, Did you get married in the UK.

There are loads of posts here that will give you more information on the whole RoR process.

All the best!

Nono wrote:Hi all, just had an inquiry would be greatful if anyone could help. Basically i have an rc for 5 yrs issued as an unmarried partner of an eea citizen even though we was married in 2008 we applied as an unmarried partners in 2009 cos we been living together since 2006 therefore could prove our relationship and cos at a time i didnt av the marriage certificate thats y applied as an unmarried partner. Now we r in a procces of divorce but im not sure if i can retain my right of residence as ukba issued my rc as an unmarried partner. Sorry for long complicated question but i would be greatful if anyone could help. Thanks

Thanks bobobo for your reply,

Yes i know i was srupid enough to apply as an unmarried partner, one of the reasons was my ex , i think he didnt want me to apply as an married cos he tought it will have an negative impact on him if he ever going to claim benefits in the Uk. But now as u c im confused and dont know what to do and on top of that he is claiming that he will inform ukba that we no longer live togeher and cos ukba aint know that we r actually married tgerfore i will get deported. I have few papers to prove he have been working all that time, but not sure if i apply to retain my right or just leave the uk. No we got married abroad not in the Uk.

Well, it is not about retention more than if your marriage is valid in the uk or not.
May I ask you about your nationality, your ex nationality, the country where you got married and if this marriage is recognised in that country or not?
There might be a slim chance you can argue that you are a family member of eea citizen, irrespective of being married or not, but I need a senior member to confirm that as ukba says on their website that if your relationship terminates while not married, you can't retain your rights. Issuing a residence card in itself is a recognition by ukba you are a family member of eea citizen

Thanks for your reply Guero, eea is italian citizen and non eu russian, russian marriages is recognised in the UK. marriage was performed in Russia. The fact that we applied as unmarried will that have negative impact on my application to retain right of residence. Thanks

I would think Guerro that as long as they OP was married, has a valid transalated Marriage certificate from anywhere in the world things should be fine.

Having said this the OP migh thave some explaining to do, as they applied as unmarried partners when they were clearly married

Guerro wrote:Well, it is not about retention more than if your marriage is valid in the uk or not.
May I ask you about your nationality, your ex nationality, the country where you got married and if this marriage is recognised in that country or not?
There might be a slim chance you can argue that you are a family member of eea citizen, irrespective of being married or not, but I need a senior member to confirm that as ukba says on their website that if your relationship terminates while not married, you can't retain your rights. Issuing a residence card in itself is a recognition by ukba you are a family member of eea citizen

Thank u very much guys. Other question is will i be able to apply for pr on my own without support of my ex? And when can i do so? Married in 2008, applied for rc as unmarried partners in 2009.