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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
Yes, she is currently working full-time and is planning to stay here indefinitely. I will have access to child and she will help me through any application/paperwork.Obie wrote:Is your EEA spouse currently exercising treaty rights in the UK?
Do you currently have access to the child, and in the event of a divorce, is the child going to be staying in the UK, and will you come to an agreement that the child should be in the UK?
How long have you been married for?
Will the divorce be amicable, and will your spouse be prepared to assist with documentation to support an application?
Well, if he can't provide proof to prove his case, it would be difficult to retain his rightsjjoell23 wrote: i) Would the non-eea family member still will be able to remain on his residence card in UK?
Without support, probably but he will need to provide proof the spouse was exercising treaty rights before the divorce.II) would he qualify for his PR with out her support/ if she living in an other EU state?
Yes. If he meets the condition to retain his rights. It would just mean it will take him longer to achieve PR (as he would need another 4-5 years of exercising treaty rights).iii) what if non-eea residence card is going to expire after 2 years and her EEA spouse was exercising her treaty rights for just period of 1 year only? can non-eea family member still qualify for PR?
No. I believe that even if the divorce is granted in other state, it will not affect the Retain of rights application as long as the conditions for RoR are met.jjoell23 wrote:Jambo thanks for detailed reply.
does this mean if eea member leave after 3 years and apply for divorce in an other eu state, non-eea member will lose his right of residence even she was exercising her treaty rights for over one year in uk? Because the degree of absolute will be granted in an other state?
jjoell23 wrote:So the degree of absolute will define they are not in relation any more or is there any other evidence non eea member can provide that his EEA partner has left the host state and he/she can retain residence rights? because for civil partnership degree of absolute is not valid..