EEA left the country

[cheb-khaled]

Hello guys

i am non eu i was married to eea in feb 2012 and i entred the uk in may same year , since then we live together , and my wife she was exercising her treaty rights continuously for 5 years so she applied for PR and got at the beginning of this year , and now wife decided to go back home for good . and i am a student i get college bursary , my question if she left i am i no longer hv right to stay and finish my course ? or there something i can do ?

please guys help me what can i do ?

thank you

[askmeplz82]

Under the current Regulations if a non-EEA citizen has been married to an EEA citizen for at least 3 years and they were economically active in the UK for at least 12 months, in case when the couple divorces, or EU national leave UK

a non-EEA citizen may be granted further leave in the UK under the so-called Retained Right of Residence.

In order to satisfy the requirements of the relevant Regulation, a non-EEA citizen will have to provide evidence that he or she had been married to an EEA citizen for at least 3 years, that the couple worked in the UK for at least 1 year

a non-EEA national spouse / civil partner will lose their right of residence if the EEA national leaves the United Kingdom before 3 yrs marriage anniversary


option available

1. Move with her to her home country stay there for 1 years 4/5 months and then come back and apply for Retained right of residence ( but you need to show you both in same country )

2. When you will apply for PR in Feb 2017 ; You can still do it just show your wife PR .. You don't need to submit proof of her exercising treaty right ( from 2013 - 2017 ) .

[cheb-khaled]

thank you askmeplz82

but if my staying out of the country exceed more then 6 months my RC will broke ? ?

[Obie]

option available

1. Move with her to her home country stay there for 1 years 4/5 months and then come back and apply for Retained right of residence ( but you need to show you both in same country )

2. When you will apply for PR in Feb 2017 ; You can still do it just show your wife PR .. You don't need to submit proof of her exercising treaty right ( from 2013 - 2017 ) .

Both options you mentioned are not available to the OP.

If the wife leaves the UK, then OP will not be able to retain his right of residence, because he has amongst other hurdles to overcome, the fact that their marriage has not lasted 3 years yet.

By the time the OP qualifies for ROR, the wife would have been out of the UK for over 2 years, and in the absence of any willingness on her part to return to the UK, their is no way he will secure ROR, nevermind PR.

[askmeplz82]

i was saying OP to go with the spouse when she leave. OP didn't mentioned anything about divorce.


the reason i said that because someone ( read in different forum ) secured ROR

married in march 2007 , EEA spouse left UK aug 2009 but came back after 10 months and within 1 month found a job and then after 1 month started divorce proceeding .

When that guy apply for retained right of residence he only showed 1 years residence in the UK together March 2007 - March 2008 and exercising treaty right time of divorce ( 5/6 ) months , 3 years marriage

[Directive/2004/38/EC]

When you say your wife has left the UK "for good", what do you exactly mean?

What is your continuing relationship with her?
Might she return to the UK?

[cheb-khaled]

When you say your wife has left the UK "for good", what do you exactly mean?

What is your continuing relationship with her?
Might she return to the UK?

i mean she left the uk she no longer wants to live here , but we still married , and i want to stay here ,

[Directive/2004/38/EC]

When you say your wife has left the UK "for good", what do you exactly mean?

What is your continuing relationship with her?
Might she return to the UK?

i mean she left the uk she no longer wants to live here , but we still married , and i want to stay here ,

Fact 1: Your wife retains PR in the UK until she has been gone from the UK for 2 years. (She maybe possibly also looses it if she "permanently" leaves the UK, though that is not written in Directive 2004/38/EC.)

Fact 2: You continue to be married.

If she continues to have an ongoing association with the UK, then you can most likely continue on with your life in the UK.

You are being sort of vague about your relationship, which is fair enough. But that makes thinking about the situation more difficult.

Distance is very difficult on relationships sometimes. Or it can give some clarity which allows the relationship to get better.

[cheb-khaled]

Directive/2004/38/EC wrote:


we will keep in touch , i mean she will visit me here and i will visst her until we sort out our life

[cheb-khaled]

one more question guys please ? dose taking college bursary will effect my my situation in future for ROR ?