Application for PR.. Please help me

[fmstyles01]

I want to take this opportunity to thank everyone on this forum for your maximum Input and providing Insight for a Lot of Questions.

I am a Non EEA family member of the EEA and wife is from Netherland.

Date of marriage 10 oct 2012
My EEA wife started working in the UK on 20 December 2012 (few month after Marriage)
application for EEA2 submitted in 24 Jan 2013
Residence card issued March 2013.

My question is.

I and my wife are having up's and down and thinking of getting divorce
I plan to initiate a divorce in October this year 2017 which is going to be 5 years from the date of marriage,

She is working from December 2012 till date and running self-employed as well, i have all payslips and self-assessment document

My wife will not provide me with her ID to apply for PR but i will have all her work document Because all come to the address I live in.

If after divorce can I apply for PR or is it mandatory i have to apply for ROR following a divorce,because it going to be 5 years of marriage In October,and what date can I also apply for PR considering the above my timeline?
I am also working Full-time

Please Your advise will be appreciated and also help other in similar situation.

[azdjani2012]

well am not expert but as far as i know you just need to prove that she is ETR when the Divorce Happen, mean she was working that time. but as u said ur 5 years time will end oct/2017 then ur 100% going to get PR bcoz if u Initiate ur divorce in Oct then it will take another 2 3 or 6 months to get DC, so u will av plenty of time.


second can u plz shed more info, like where is she r u still living together, she is still working, and what abut house, bills etc.

[fmstyles01]

Thank you for this valuable information,

We now leave Separately, but all her paperwork still come to my address and I have Joint Bill like BT Telphone, Joint Bank statement from 2012 Till date, Work Document From 2012.

Please, if i initiat a Divorce in October This Year can I apply for PR Straight ? Since it already 5year since we get married in the UK

and Second Question, If I am Eligible to apply for PR, Will i count from the date of our Marriage OR the date she Started working,? Because all are very close ( Marriage in Oct 2012 and start Work In DEC 2012)

Please Guru, all Input on this matter is Highly appreciated.

Should I apply for PR or ROR, It will be 5years In October 2017.

[too old]

If you have not been divorced and its your fifth wedding anniversary you should have acquired PR at that point without having to live together. that will only work if you have enough evidence to prove your spouse has been qualified for 5 years

[fmstyles01]

Thanks for your reply,

It going to be my 5 years of marriage in Oct (oct 2012 to Oct 2017) but i will not have her ID to support my application for PR that why I am looking to get a divorce this October and apply for a PR, i have all her working Document For 5 year and will continue to have them till Decree Absolute is Issue.

My Question is can i apply for PR after Divorce because it going to be 5 years of our marriage already or i must apply for ROR?

[vinny]

PR.

[Carling40]

You can apply for PR, if you do apply for PR without including your partners Proof of ID whilst still married, your application is likely to be unlawfully refused with HO's current hostile environment. If all fails and you're unable to gain the support of EEA sponsor to give you their ID, then proceed with divorce and submit your application for PR when decree absolute has been issued. You'll need to provide EEA sponsors evidence of treaty rights from date of marriage till date of absolute (5 years)and evidence of your own economic activity i.e. Work after date of decree absolute.
Hope this helps

[fmstyles01]

Thank You for your Advise and support ,

I will proceed with the Divorce this October which is going to be 5 years of our wedding anniversary to my EEA Partner . Oct 2012 to Oct 2017

My Question is again is to prove my EEA wife has been Exercising Treaty right for 5years, will i count from the day she started her first Employment which is December 2012 and We get Married Three month Before that which is Oct 2012.

TIme line:
Married Oct 2012
Started working Dec 2012 and will continue to do so until Decree Absolute is Issued.

Can I count from Oct 2012 to complete 5years of exercising Treaty Right. OR from December 2012

[Carling40]

Hi fmstyles01

The relevant 5 year treaty rights period in your case will be from December 2012-December 2017. If you do initiate divorce proceeding in October 2017 as you said, it'll probably take longer than 2 months to get a decree absolute (up to 6 months likely April 2018), hence you'll have been a direct family member for the full 5 year qualifying period and your application will be solely for PR. As long as you include the decree absolute in the application you eliminate the HO's requirement to evidence sponsors ID as you're clearly divorced.
i hope this helps and makes sense. Goodluck with your application.

[fmstyles01]

Hi Carling01,

Many thanks for your advice and input, I so much appreciated it and pray God will help you too. I will be back in touch should I require further advice

Regards,

[Carling40]

Don't mention, thats what we are here for. Be sure to arrange your documents like you're presenting it to a 5 year old and write a cogent no wriggle room cover letter stating in a simple and clear way what you're applying for and how you're entitled to the confirmation of PR. i.e 5 years of continuous treaty rights of your sponsor and reference to EEA Regulation 15.
i'll also advise you to make a photocopy of everything you send before you send it off.
Thanks for the prayer, Amen and may God be with you too.

[fmstyles01]

I am so confused and have been thinking alot lately.... i don't know if I should initiate my divorce now or wait till OCT when the marriage will be 5year and start the divorce process.

Please advice me

Married in Oct 2012
Wife started working in UK in Dec 2012
Now we both want to divorce
1. Should I wait till oct 2017 to complete 5Years of marriage and start divorce then apply for PR ?
2. Or Start Divorce now and Apply for ROR ?
3. Or should i start Divorce Process in August 2017 maybe I will get Decree absolute around OCT/NOV 2017 then it will be 5year Already then apply for PR ?

She will not provide me with Her Prove of ID for PR as she already warn me. but i will have all her Work Document.

Please advice me

Thanks in advance

[fmstyles01]

Please advise me.

God will bless you too.

Thanks.

[Carling40]

Hi
I doubt anyone can advise you what actions to take about your marriage as its personal, the best i or anyone can do is explain the implications of the decision. Only you can weigh the pros and cons and the impact I'm afraid. Have you sought some relationship counselling in hope of saving your marriage? As that that'll be the best case scenario. Ultimately I think you have an understanding of your qualifying period and the documents you have to provide to get confirmation of your rights.

[fmstyles01]

Thank you Carling40,

I do appreciate your respond and concern on the above matter.

Firstly my marriage is crumbling already and we both agree to do a divorce, and nothing can change that now, but what I want to know is, If I begin my divorce now and decree absolute might be issue before my 5th wedding anniversary, which means i have to apply for ROR.

In other hand hand i can slow things down to around SEP/OCT 2017 to Complete 5 years in marriage then get the divorce so i can apply for PR Straight without having to Apply for ROR,

which mean I have lived in the UK in accordance with the EU Regulation for 5 years and Both me And my Ex-Partner are working all does 5years, the only different the Is that I m divorce and can't produce Her ID as she will not give this to me.
Please Let me know what your thought are,

I will Appreciate it from the bottom of my heart.
Thanks in Advance

[Carling40]

It's important to have clarity of thought, so if you've both agreed that's the end it is what it is. Just to clarify, the 5 years exercise of treaty right can be a combination of time spent as a family member + time after the decree absolute. So basically if the decree absolute is issued before the end of the 5 year period and you (non EEA) is working from date of decree absolute date this adds up to the 5 year period. So you can apply for PR and not ROR.

[fmstyles01]

Hi Carling40,

Many thank for your reply,

so that mean if I get the divorce done before our 5th wedding anniversary I can apply for PR as it will only be 4 years and some month left.

Or i will need to wait for Me (non-EEA)to work for another couple of month to add up 5yrs.

Married in OCT 2012
EEA National Wife started working in UK In DEC 2012
RC Issue March 2013
Planning to get Divorce AUG 2017 maybe take 3/4 month to get Decree Absolute.
Planning to Apply for PR In Dec 2017 As this will be 5 years Under EU regulation Or can i apply sooner than Dec 2017 ?

Thanks in advance.

[Carling40]

You will need to add your own (non EEA) evidence of treaty rights to make up the 5 year period. I'd suggest using Dec 2012 as that's when treaty rights clock started. If the decree absolute comes after Dec 2017 good, if it comes before fine, just ensure you have all the original proof of ex spouse work activity from Dec 2012 till the date of decree absolute. In both scenarios you apply for PR maybe Jan 2018.
Your focus should be making sure you gather as much evidence as you can unless your divorce is on good terms and you'll have access to ex spouse if additional info is needed.