Divorced Non-EEA - ROR before ILR?

[ely10345]

Hello all,

Here's my situation:
Married to EAA national in 2007 outside of UK.
Moved to UK in Jan 2010 with partner based on residence visa (EEA1/2) valid until Dec 2015
Lived in UK with partner from Jan 2010 to Dec 2012.
Separated in Jan 2013, decree absolute issued in April 2014.
I have been exercising treaty rights for my entire time here.

I have not yet applied for Retained Right of Residence. It was my understanding that I only need to apply for ILR after residing in the UK for 5 years, which has now happend (Jan 2010 - Jan 2015). I would like to continue to reside in the UK, with the option to travel in Europe for my work. Do I need to apply for ROR or can I apply directly for the ILR?

Thanks so much for your help!

[Obie]

The question is, was your EEA family member exercising treaty right.

If she was not, then you had no treaty rights to exercise as her spouse.

[ely10345]

The question is, was your EEA family member exercising treaty right.

If she was not, then you had no treaty rights to exercise as her spouse.

My visa was based on her being a self-sufficient person, and I had to demonstrate income and have private health insurance for the three years we were married. She started working in 2011 and has been working since. So, I believe she has been exercising treaty rights since the date she arrived.

[Obie]

Well you may be fine, although UKBA has started a policy of demanding that the self-sufficiency has to derive independently from employment obtained by the non-EEA spouse.