Obtaining PR after retaining right of residence

[tobule]

Please im wondering if someone could help.
I got married to my EEA spouse in jan 2008. we lived together until april 2011 when the marriage collapsed.
we finally got divorced in nov 2011. I applied for retention of right in 2012 and was issued in dec. 2012.
After we married in jan 2008, my RC was issued in march 2009 so that was when i started working.
So when will my 5yr period start counting, will be from date of wedding or when i started working.
Also when applying for PR, do i need payslips and p60 prior to the divorce to show that she was exercising treaty rights before divorce.
Thanks

[Jambo]

From date of marriage (assuming was in the UK and wife was exercising treaty rights).

You will need to provide evidence of your wife exercising treaty rights from marriage until the divorce and your own treaty rights from the divorce until the end of the 5 years.

[tobule]

From date of marriage (assuming was in the UK and wife was exercising treaty rights).

You will need to provide evidence of your wife exercising treaty rights from marriage until the divorce and your own treaty rights from the divorce until the end of the 5 years.

.
Thanks Jambo.

Pls i want to know if i could include my dependants as stipulated in EEA4. Because i had already re married and now have a baby.
I want to include them when im applying for my PR.
Please advice

[Jambo]

Pls i want to know if i could include my dependants as stipulated in EEA4. Because i had already re married and now have a baby.
I want to include them when im applying for my PR.
Please advice

You can't.

You can't chain your new family members. Your PR is derived from your ex activities (and yours after divorce). Under EEA regulations you (a non EEA national) can't sponsor other family members. With a PR, you can sponsor other family member under the UK domestic immigration rules but not under the EEA regulations.

[Obie]

you may be able to register you baby, or secure an ILR for him/her once you have received your PR, but you cannot add him/her to a PR application.

[tobule]

Thanks Guys for the reply but when you check on form EEA4 and guidance notes, there is provision whereby you can add your dependants and also you need to show proof of relationship either birth certificates/ marriage cerificates or evidence of cohabitation.
So i think im getting confused with all these

[Jambo]

Thanks Guys for the reply but when you check on form EEA4 and guidance notes, there is provision whereby you can add your dependants and also you need to show proof of relationship either birth certificates/ marriage cerificates or evidence of cohabitation.
So i think im getting confused with all these

These is for non EEA family members who are connected to the EEA national. Not for non EEA family members connected to you who is not connected any more to the EEA national.

[fatimahh]

Hello every one
what about if the baby of the non EEA person have a family permit as dependant of the EEA before divorce, can the non EEA include the baby while applying for ROR or PR???
Sorry to include my question in your post Tobule !!

[Jambo]

Hello every one
what about if the baby of the non EEA person have a family permit as dependant of the EEA before divorce, can the non EEA include the baby while applying for ROR or PR???
Sorry to include my question in your post Tobule !!

That's different.

Children need to be be over 5 years old to obtain PR (as they need to complete 5 years of residence).

[fatimahh]

Thanks Jambo. I am a bit confuse here . Do that mean that if non EEA divorce (in the situation i portrayed of course) and apply for ROR, the baby although having the family permit as well cannot have the ROR, thus cannot travel outside UK????

[Jambo]

Thanks Jambo. I am a bit confuse here . Do that mean that if non EEA divorce (in the situation i portrayed of course) and apply for ROR, the baby although having the family permit as well cannot have the ROR, thus cannot travel outside UK????

The baby will get a 5 years Residence Card and not a PR even if the parent gets PR (because the baby didn't complete 5 years of residence in the UK).

[vinny]

I am a european PR holder. My patner came to Uk as a spouse of a Tier1 General with her former husband in feb2011.
Her marriage broke down same month as she came realised her ex husband was having affair.She got separated with hm. we met 1month after,she moved in with me after 1year. her leave to remain expired in march 2012, was not renewed because she is no longer with the ex Husband.she is now formally divorced. since then we have 2kids together and planning our wedding in 4months time.
Can she make her application whilst here in Uk and which form.
tanks

After marriage, use EEA2.

Hi please can you tell me deference bw form FLR and EEA2.
Why would my spouse use EEA2 as suggested
Tanks
Tob

She should use EEA2, if you are European (and not British).

She shouldn't use FLR(M) because her leave had expired in March 2012.

The latter is bound the fail and is more expensive to make.

Unfortuntely, I now see from your previous post that you are not European as earlier implied. Then the EEA2 will also fail.

Therefore, she cannot apply in the UK.

She may apply for entry clearance as a spouse after marriage.

Please continue in previous thread.