SETTLED STATUS

[omonile]

Hi All

If a Eea spouse has acquired permanent resident and a non eea spouse has 5years proof of eea spouse excercise of treaty right;Must the non eea spouse provide evidence of eea excercising treaty right at the end of divorce to obtain a Ror or permanent residency (in case of non supportive eea ex spouse). Does the fact that eea spouse has acquired settled status since acquisition of permanent residency nullify the need to excercise treaty right to support an application.

"EUN1.8 When do EEA nationals qualify for a permanent right of residence in the UK?
An EEA national normally acquires a permanent right of residence after they have resided in the UK in accordance with the Regulations for a continuous period of five years. An EEA national may apply for a document certifying their permanent rights of residence and their non-EEA national family members may apply for a permanent residence card. However no documentation is required under the EEA Regulations.

For the purposes of sponsoring an application under the Immigration Rules, an EEA national who has acquired permanent rights of residence under the EEA Regulations is considered ‘present and settled’ in the UK. See ECI Chapter 6 for further guidance on permanent residence."

I am confused on this matter and i would be grateful if you share your opinion on it.Thanks

[Wise]

To be honest your question is very strange in the entire forum. If it was through a reserch I will give you credit for it.

To my little understanding this such application will succeed through a legal representative and not by applying personally. Reason that there might be a lot of concern regarding genuinety of the relationship. Also I will prefer to have the real comfirmation of PR for that EEA before making such application.

[omonile]

Hi Wise,
"Strange" indeed but i can assure you, its not a research project but the reality i find myself. Of course, it would have been nice to have the Pr certificate in hand but the problem is that my eea spouse may not support the application by providing the ID or PR certificate when it is eventually approved as its under processing.I hope the point i raised help others as me if we are able to find a definite answer. As for genuiness of relationship? The relationship involves a child,how else can i proof the genuity of it.Thanks for giving hope anyway.

[teardrops]

Hi Wise,
"Strange" indeed but i can assure you, its not a research project but the reality i find myself. Of course, it would have been nice to have the Pr certificate in hand but the problem is that my eea spouse may not support the application by providing the ID or PR certificate when it is eventually approved as its under processing.I hope the point i raised help others as me if we are able to find a definite answer. As for genuiness of relationship? The relationship involves a child,how else can i proof the genuity of it.Thanks for giving hope anyway.

I understand you very clearly becuase my ex didn't apply for his PR and I am wondering the same thing. If he had aquired it, would I have to still provide evident of him excerising his treaty rights ? When relationship breaks down it can be very difficult for some ex to co-operate becuase mind cancel his ID after he sign the declaration forms and his photos. People does change when you least expect them to.

[noajthan]

Hi All

If a Eea spouse has acquired permanent resident and a non eea spouse has 5years proof of eea spouse excercise of treaty right;Must the non eea spouse provide evidence of eea excercising treaty right at the end of divorce to obtain a Ror or permanent residency (in case of non supportive eea ex spouse). Does the fact that eea spouse has acquired settled status since acquisition of permanent residency nullify the need to excercise treaty right to support an application.

...

I am confused on this matter and i would be grateful if you share your opinion on it.Thanks

Once someone has acquired PR (in UK) they do not have to exercise treaty rights (in UK) anymore.

Take a look at the current latest PR form - see section 9.
Particularly, see questions 9.1 - 9.3.

Ref https://www.gov.uk/government/uploads/s ... _03-16.pdf

If the sponsor (ex-spouse & EEA national) has a confirmation of PR card you are instructed to answer minimal questions; however HO reserves the right to follow up and ask for more information.

The evidence to be submitted includes sponsor's PR card (rather than all the individual documents required to prove exercise of treaty rights).

If an estranged spouse is not compliant then there are ways and means to persuade HO to extract information about such an ex-spouse.

I leave a similar review of the ROR (RC) application form as an exercise for the interested reader.

[omonile]

Hi Noajthan,

Indeed you are right but acquisition is different from possession of PR Certificate. Hence, you won't be able to provide answer to column 9.2. How gracious it would have been if they made reference to acquisition.

[omonile]

Just reading through the EEA PR APPLICATION guidance again, there might wriggle room in Section 8 subsection E(page 7]may be relevant.

"Subsection E: Your sponsor’s status at the relevant date
 Proof that your sponsor was an EEA national with a permanent right of residence or a qualified person at the relevant date – see section 9 below for guidance.
Note: if you find it difficult to provide all of the relevant evidence because your sponsor has died or left the UK, or you’re no longer able to contact them, please provide as much information about them and evidence as you can ."]

I will leave it to the gurus to decide the relevance of the section.

[noajthan]

Hi Noajthan,

Indeed you are right but acquisition is different from possession of PR Certificate. Hence, you won't be able to provide answer to column 9.2. How gracious it would have been if they made reference to acquisition.

Noted & I understand the difference.
I had assumed that in your hypothetical scenario you had meant a case where a sponsor has had the foresight to obtain a confirmation of PR card.

Obviously if sponsor does not have a confirmation of PR card then evidence will have to be supplied when a dependent applies for their confirmation of PR.

And as I already intimated above...

If an estranged spouse is not compliant then there are ways and means to persuade HO to extract information about such an ex-spouse.