Oke1 wrote:My partner overpayment HSB that is what am asking about
And she is from france but just working 15hour a wek
But me as husband working full time but we divource now
Just want to know if is not going to afect me when I apply
For ror or pr or should tell her that she need to pay the balance
That is what I want to know
Further clarification on divorce and retaining the right to reside:
The case of DIATTA (ECJ 267/83) established that a spouse would not cease to be a family member in the event of marital breakdown/separation until such time as a divorce was finalised (Decree Absolute obtained).
Following the 2006 EEA immigration Regs, here are now a number of circumstances in which non-EEA national family members can remain in the UK even if their marriage breaks down.
There are certain circumstances in which you may retain your right to remain in UK under the EU regulations:
A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:
• the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and
• the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
• the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
• there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
In such circumstances a family member retains a right of residence if:
(a) S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
(b) S/he is a self-sufficient person, or
(c) S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.
So provided you have been in UK for a year or more, and you or your partner is in one of the categories listed under (a) to (c), you may be able to stay.
If you retain the right to reside following the decree absolute then you should be able to continue to claim benefits.
Source:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Providing you meet the above, as you are working, you will have a prima facie right to reside and should be able to get your PR after the 5 year period.
