Needs advice please.

[vinnie0020]

Hello all,

I am back again with bit weird situation regarding my friend. My friend is married to an EEA national since jan 2012 and he is on PSW which is expiring in march 2014. He also got EEA2 RC valid till march 2018.

Now thing is his wife is not very keen on keeping relationship with my friend and she has moved with her boyfriend. My questions are if they (my friend and his wife) go ahead with divorce some time soon then is he still eligible for retained right to live ? as they are married less than 2 years (got married in jan, 2012) will his visa ( EEA2 RC) be still valid till expiry if they get divorced some time soon and will he be eligible to apply for PR after EEA2 RC expires?

Her wife is very highly qualified so exercising treaty right will not be a problem.

Also, he is in country since feb, 2005 on student visas and then PSW and EEA2 RC. and it will be 10 years in feb, 2015. is it possible to add 10 years this way including EEA2 route for Long stay ILR?

Thank you for your advices.

[askmeplz82]

Hello all,

I am back again with bit weird situation regarding my friend. My friend is married to an EEA national since jan 2012 and he is on PSW which is expiring in march 2014. He also got EEA2 RC valid till march 2018.

Now thing is his wife is not very keen on keeping relationship with my friend and she has moved with her boyfriend. My questions are if they (my friend and his wife) go ahead with divorce some time soon then is he still eligible for retained right to live ? as they are married less than 2 years (got married in jan, 2012) will his visa ( EEA2 RC) be still valid till expiry if they get divorced some time soon and will he be eligible to apply for PR after EEA2 RC expires?

Her wife is very highly qualified so exercising treaty right will not be a problem.

Also, he is in country since feb, 2005 on student visas and then PSW and EEA2 RC. and it will be 10 years in feb, 2015. is it possible to add 10 years this way including EEA2 route for Long stay ILR?

Thank you for your advices.

if you guys start divorce proceeding now and finalised in 4-6 months then you will loose right to resident in the UK after march because you are no longer a family member of an EU national unless if you switch something else under UK immigration law

No idea if you can now still switch from PSW or not

Yes you can apply for ILR after 10 years continues stay

the problem you will have is if Home office find out you guys are divorced. Lets assume you didn't inform Home office about divorce and after 10 years you applied for ILR ( 10 yrs rule ) and provided all the documents of your EEA national exercise treaty right after marriage until Feb 2015 then you may be successful but if they find out and you didn't switch to different immigration category you will be in problem

Not sure how you will apply under 10 yrs rule

Feb 2005 - March 2014 ( UK immigration because of PSW expiry )

March 2014 - Feb 2015 ( EEA rule )

or

Feb 2005 - Jan 2012 ( UK immigration )

Jan 2012 - Feb 2015 ( EU immigration )

[vinnie0020]

Hello all,


if you guys start divorce proceeding now and finalised in 4-6 months then you will loose right to resident in the UK after march because you are no longer a family member of an EU national unless if you switch something else under UK immigration law


( EU immigration )

Thank you for your time and info. But is there nothing like durable relationship which can be considered ? for an example if they proceed with divorce in march, 2014 it will be 2 years by that time and it takes 6 months for divorce. Is this much time not enough to base a durable relationship?

thank you

[Imshzd]

EU law is very clear,which was explained above.nothing else.

What do you mean by durable relationship??

Couple was married,now where is the point of durable relationship.??

[Imshzd]

Under EU regulations if RC was granted on the basis of durable relationship then after separation non EEA nationals are unable to retain the rights of residence in the UK.

[vinnie0020]

EU law is very clear,which was explained above.nothing else.

What do you mean by durable relationship??

Couple was married,now where is the point of durable relationship.??

Thank you. lets assume before divorce proceedings they were married for 2 years and after divorce once EEA2 RC expired my friend would not be able to apply for PR ? if marriage is dissolved then RC has no meaning and my friend has to go back ?

thank you

[Ricardo]

Your friend right to be here is derived from his/her membership of EEA family. Three ways for a retained right of residence would be (1) three years of marriage and a year treaty right in the UK prior to Divorce, (2) having custody of EEA child and (3) case of domestic violence. Anything outside these? I am afraid the non EEA National looses right of residence.

[vinnie0020]

Your friend right to be here is derived from his/her membership of EEA family. Three ways for a retained right of residence would be (1) three years of marriage and a year treaty right in the UK prior to Divorce, (2) having custody of EEA child and (3) case of domestic violence. Anything outside these? I am afraid the non EEA National looses right of residence.

Thank you for valuable info. My friend need to be in married relationship for at least three years while his wife with one year of exercised treaty right. Now, three years will be completed in Jan, 2015 and at the same time his 10 years are completing as well (from feb, 2005 to jan, 2015 while on student visas, PSW and EEA2 RC) so what do you think will be the best course of action like should he go for PR on long stay basis or go for divorce first and then apply for PR. Thank you.

[Ricardo]

Thank you for valuable info. My friend need to be in married relationship for at least three years while his wife with one year of exercised treaty right. Now, three years will be completed in Jan, 2015 and at the same time his 10 years are completing as well (from feb, 2005 to jan, 2015 while on student visas, PSW and EEA2 RC) so what do you think will be the best course of action like should he go for PR on long stay basis or go for divorce first and then apply for PR. Thank you.

NB: There is a difference between PR(EU) and ILR(UK). I will advice your friend to divorce first and then apply for PR later.

[askmeplz82]

Your friend right to be here is derived from his/her membership of EEA family. Three ways for a retained right of residence would be (1) three years of marriage and a year treaty right in the UK prior to Divorce, (2) having custody of EEA child and (3) case of domestic violence. Anything outside these? I am afraid the non EEA National looses right of residence.

Thank you for valuable info. My friend need to be in married relationship for at least three years while his wife with one year of exercised treaty right. Now, three years will be completed in Jan, 2015 and at the same time his 10 years are completing as well (from feb, 2005 to jan, 2015 while on student visas, PSW and EEA2 RC) so what do you think will be the best course of action like should he go for PR on long stay basis or go for divorce first and then apply for PR. Thank you.

We'll if you guys divorce before 3 years and home office didn't find out and you show exercise treaty right of your family member until February 2015 the. You may apply for ILR

I don't know if home office have access to council registry office or of they check whether someone is divorced or not when they receive ILR or PR application.

[Imshzd]

HO keep all birth,death,Marraige,divorce,crime,tax records in their internal records.

[vinnie0020]

Thank you everyone for your time and valuable information.