Non EEA sperate from EEA national

[ZAZO]

Hi All,

I am non EEA and got married to EEA national 2008 in my country and lived there 2 years and moved to uk in april 2010

got first a stamp with 1 year and after that i got a RC for 5 years
my RC will expire in 2 years oct 2016

we are separate since 2012 august so the marriage has lasted 4 years and 2 of them here that's actual marriage ( but legally its 6 years because we didn't file a divorce yet and 4 and half years of them spent in uk )


i will be 5 years in uk in april 2015

my ex has a child now and she is currently not working
she is a job seeker but as she said just as sort of income but she cant work now and leave the baby
i am working full time

If i get divorce now will i be able to get a retained right to remain or not based on what i said

if i wait until she get her permanent residence will it be easy for me to get a PR ? or at least ROR

P.S my ex wife is welling to help and have no problem to support me

[rosebead]

It does not matter if you and your wife are separated, that still counts as being married for EEA2/EEA4 applications. If you divorce now, then your wife has to prove that she has "worker status" from beginning to end of the divorce in order for you to retain a right of residence. How long since she gave birth to her baby? It might be that she has retained worker status if she left a job recently because of her baby. To be on the safe side, it might be better she got a part-time job during your divorce if she wants to make sure you get RROR.

[ZAZO]

Thank you so much for your reply

The baby is 1 year old but after we finalize all the divorce process will be year and half or more !!

so if she a job seeker that means that she is under a worker status ? or it doesn't ? i mean is she exercising her treaty rights this way or not , which can or cannot support my application ?

is any better way for me to apply , because I ll be in Uk 5 years in April and i m sure the divorce wont be finalized by then.

and what if she apply for permanent residence and got it , do i qualify for ROR in that case , because she is able to do it for me .

[ZAZO]

Can someone advise me please ??


Obie , can you assist me with this case please . thank you

[ZAZO]

Hi all,

Can i retain my right of residence if my divorce has been finalized after my ex have got her permanent residence.

or still i need to provide that my ex was exercising her treaty rights during the divorce ?

and last question is , can i apply for a pr after me spending 5 years here on ground that my wife has a permanent residence ?( even if we are living speratly ) ?

Thank you.

[ZAZO]

ANY HELP PLEASE ???

[Artur111]

As your divorce was finalized before she obtained PR, then the status of your ex-spouse after it is not relevant to you,

In my opinion you should apply for RoR with providing the proof of exercising treaty rights during divorce proceedings.

[ZAZO]

Hi All,

What if eea applying for pr but missing a month without proof of exercising treaty rights ?

thank you.

[ZAZO]

Hi all,

Can the 5 years treaty right be mixed ??

like 3 years worker , 10 month maternity pay , 6 monthes job seeker allowance and the rest as a self sufficient ?

will the eea applying have the right to do that ?

[Imshzd]

Yes

[ZAZO]

thanks for your answer

but can u clarify for me please if the eea national can claim job seeker allowance and then be a self sufficient ??

is it not against each other ? or the ho can accept than !!!

[boloney]

Thats fine.

[ZAZO]

Hi All,

i need a massive help please,

i m separate from my eea wife and she dosent work at the moment but she is in her last month of job seeker allownce and been working continously since we came to uk in april 2010 but will have 1 month uncovered to finish the 5 years qualified period.

how do i know if my visa has been revoked or not ??

if its revoked will i be removed from uk straightaway ??

can i take my belongings and my savings ? or i loose everything ?

please please reply if you have any answer