PR residence if ex. partner was not a qualified person

[sanya1030]

Hello,

I would very much need your advise on my current situation.

I'm Russian Nationality and my Ex wife is Estonian ( EU) in May 2011 we got married and I have applied for UK residence card, it was granted on September 2011 for 5 years,but our marriage broke down and we got divorced and in February 2015 I have received my decree absolute and straight away applied to Retained rights to remain. Now in July 2015 I have my retained residence card for 5 more years.

The issue now is My solicitor advised me that I can not apply for Permanent Residence next year due to when I was married my ex. wife was not qualified person entire relationship. As she was only working when I applied for a residence card in 2011 and she was working when our divorce was absolute on 2015 but there is a gap 1.5 years that she was not working. The reason she was not working is due to her studies as she was a full time student on 4 year course from 2010. And as per my solicitor she was not qualified because she did not have a private Health Insurance. None of us never knew about such a thing that she had to have the private Health Insurance if she is not working and not paying NI taxes.

So now i was advised that I can only apply for Permananent Residence after 5 years since my decree absolute ( divorced ) not before due to my ex. wife was not qualified person.

Please help & Thank you