I would really appreciate it for some guidance
as per subject line - \"there are now a number of circumstances in which non-EEA national family memebers of EEA nationals may retain their right of residence in the UK if the EEA national leaves the UK or dies or the relevant marriage is terminated .... these circumstances are set out in regulation 10 of the 2006 regulations
.. the marriage lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution and
.. the parties to the marriage had resided in the uk for at least one year during the duration of the marriage \"
My mother is a non-EEA married to EEA, they have both been living in the UK and married since October 1998. My mother got residence permit in March 2000 until 2004 and was renewed for 5 more years until 2009 and my sister, my brother and myself were granted residence permit as family member of an EEA in December 2001 until 2004 and renewed until December 2009. so after 8 years marriage they are wanting to go our separate ways due to adultery and it is not working at all.
Looking at this new directive (divorce proceedings have not been initiated as yet
Questions..
Would you recommend to start the divorce procedings now?
Will affect that he has not been working since April 2006
Will we be able to apply for permanent residence after the divorce proceding are terminated as we are all working at the moment with exception of my sister who is 15 and is in full time education?
Which form can be used?
With anticipation your assistance in this regard is gratefully appreciated
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