Visa will expire

[titomojito]

Hi can someone help me pls,im a family member im married to eu national we got married 2010 of december, we just got separated, my visa will expire may next yr, unfortunately i cannot apply yet this december as my husband didnt work or sign in job cntre, for 4 months , when started working that was sept of 2016 it will be the 5 anniversary. My question is since we separating and my visa will expire before i can apply for pr, can i still work? He is willing to help me and no divorce we are just separating .

[titomojito]

Anyone

[Casa]

Patience. You only posted half and hour ago.

[noajthan]

Hi can someone help me pls, im a family member im married to eu national we got married 2010 of december, we just got separated, my visa will expire may next yr, unfortunately i cannot apply yet this december as my husband didnt work or sign in job cntre, for 4 months, when started working that was sept of 2016 it will be the 5 anniversary. My question is since we separating and my visa will expire before i can apply for pr, can i still work? He is willing to help me and no divorce we are just separating.

What is your visa? do you mean a RC?

What is husband's nationality?
Is he from an A8 country? If so did he register under WRS when he first started working in UK?
Has he worked continuously or were there any breaks between jobs (or absences from UK)?

Did you marry in UK?

If you are separated (not divorced) and your husband is still in UK and is exercising treaty rights as a qualified person, (for example as a worker), then you should have a continuing right of residence in UK through him.

As long as you are legally married & stay in UK your status depends on him until you have settled status (PR).

As long as you have a reasonably amicable relationship you may be able to stick it out until you acquire PR (automatically) which should be sometime next year (based on your stated facts).

To apply for a 'confirmation of PR' card is optional but probably advisable.
To do this you will need to supply adequate documentary evidence.

Suggest you make sure you have access to this evidence of your husband's status in UK over the past 5 years.

It may be wise to start taking copies or scans of such things as:

• employers' details (dates, names, addresses);
  job contracts or letters of terms of reference of employment;
  tax documents (P60 etc);
  WRS certificate, if applicable

Also make sure you have:

• an official copy of your marriage certificate;
  copy of or details of husband's passport
  details of any of husband's absences from UK;
  your passport kept in a safe place

Best of luck.

[titomojito]

Thanks, does that mean even my rc expired and i will not be illegal in this country, hes from spain. My rc expired may 2016 and can only apply on sept 2016. Can i still work. Thank you.

[noajthan]

Thanks, does that mean even my rc expired and i will not be illegal in this country, hes from spain. My rc expired may 2016 and can only apply on sept 2016. Can i still work. Thank you.

That is my understanding. A RC is not a visa.

As you are still married your status in this country (your residency & rights) still depend on your present husband & the fact he is exercising treaty rights in UK.
This is because you are the dependent family member (spouse) of an EEA national.

Note The RC does not grant you such rights, it just confirms your status for anyone who wants to know.

If you are working and an employer insists on a RC you could apply for a new RC in early 2016.
You would be issued with a COA which should satisfy any employer.

If all goes to plan you will be able to apply for confirmation of PR later in 2016 too.

Now if this all goes wrong you need to seek assistance immediately.
If you were to divorce before you have PR you should still be secure in UK.

This is because you should have earned a retained right of residence (RoR) in UK by now.
That means you can still work towards PR in your right, even if suddenly detached (divorced) from your current husband.

So at this stage even divorce would not be the end of the world (at least in in immigration terms).
And once you have settled status (PR) you will be one step closer to the privilege of citizenship (if that is one of your goals).

Remember, if divorced before you have PR you would have to apply for a RC based on RoR.
If you are not divorcing before your 5th anniversary, keep on track as you are until you acquire PR.

Whatever happens, make sure you are now collecting & keeping safe all the evidence you will need for these various applications (in the coming year).

[noajthan]

For your information ...

About RC
See https://www.gov.uk/apply-for-a-uk-resid ... d/overview

You don’t need to apply for a residence card as a family member but it can:

• help you re-enter the country more quickly and easily if you travel abroad
  show employers you’re allowed to work in the UK
  help prove you qualify for certain benefits and services

About retained rights of residence (if divorced):
See https://www.gov.uk/family-permit/retain ... -residence

[titomojito]

Ok thank divorce is not inthe plan , but i might i apply early 2016 before my visa expire on may, is that correct. A new isued of residence card, but i can apply pr of sept. 2016...?

[noajthan]

Ok thank divorce is not inthe plan , but i might i apply early 2016 before my visa expire on may, is that correct. A new isued of residence card, but i can apply pr of sept. 2016...?

Yes.
According to my understanding of your options, (based on your stated facts & dates), you can always apply for a new RC in early 2016 if you need one.

If you keep on track (married, as dependent family member, etc) you will enjoy a continuing right of residence in UK as long as husband keeps exercising treaty rights, (eg by working).
On that basis you should be on schedule to acquire PR later in 2016.

You can (& probably should) apply for a 'confirmation of PR' card then.
If all goes well, you will then be safe & sound in UK with settled status in your own right.

Fingers crossed - good luck.

[titomojito]

Thanks noajhan

[titomojito]

Hi can someone help me its a continuation of my first inquiry... a friend of mine told me that i can apply on my own nextvyr of sept. 2016, as i been working continously without any gsp. I dont need to ask my husband payslip or p 45, all i need to adk is his passport / eu card, i got our marriage certificate. I just need to assembleall evidence that i been actively working, is it correct

[titomojito]

Anyone....

[noajthan]

Hi can someone help me its a continuation of my first inquiry... a friend of mine told me that i can apply on my own nextvyr of sept. 2016, as i been working continously without any gsp. I dont need to ask my husband payslip or p 45, all i need to adk is his passport / eu card, i got our marriage certificate. I just need to assembleall evidence that i been actively working, is it correct

Based on your stated facts you are the family member (spouse) of an EEA national.
That means your status depends on your sponsor (as long as you are married).

It seems you can apply for confirmation of PR in late 2016 (based on your stated dates).
It depends on submitting evidence proving your sponsor was exercising his treaty rights as a qualified person (for example, as a worker) for 5 continuous years.

It's not you exercising treaty rights - in terms of PR, your economic or other activity in UK is immaterial.

Hope it makes sense.