Divorce/ROR & PR on the basis of Separation

[too old]

Hi All, I am NON EEA and below is a summary of EEA national Qualification period and my family life with her. Please consider my situation as per the subject of this post

Married EEA national October 2012
Separated Summer 2014 ( Reason - Cheating-EEA got Pregnant with some one else
2012-2013 self employed
2013-end of 2013 Worked here and there but no evidence of paying taxes towards self employment
2014-summer of 2015, worked at asda, and then maternity pay
2015-2016 Self employed but very low income
2016-2017 Self employment - Suitable income

Not Divorced yet

It will be 5 years in October 2017. Should i go for divorce and then ROR or work with EEA to get her qualification period evidence and apply for pr on SEPARATION basis (Impossible though knowing her lack of care towards me). Please note the wife gave birth to child in the end 2014 and has received child benefits etc. additionally after child birth she had maternity pay as well. Could that all be counted as qualification period?

I am genuinely clueless and has been here and seen a lot of immigration consultants without any gain. Could anybody assist with my situation please?

Thanks

[marcopolo77]

If you are not divorced yet then why don't you apply for PF under the retain rights of residence after the divorce? you need to have been married for 3 years that's all.

[too old]

the honest answer is the divorce looks scary and additionally i have just managed to get a job and losing my passport for 6 odd months to UKVI wont look good to my new boss. My current residence permit is valid for another year

[too old]

If you are not divorced yet then why don't you apply for PF under the retain rights of residence after the divorce? you need to have been married for 3 years that's all.

what is PF marcopolo77.

[Obie]

I am genuinely clueless and has been here and seen a lot of immigration consultants without any gain. Could anybody assist with my situation please?

Thanks

Clueless about what.

[Wise]

I think marcopolo77 intent to type FP (Family Permit). But if you divorce before your initial 5yrs RC and make an application base on divorce what you apply for then is called (Retained Right of Resident) which is five yrs RC as ex spouse of an EU national but you don't need to finish the whole second 5yrs to apply for Permanent resident card.Your PR is combination of both RC cards given when you have lived for 5yrs in the UK.


Talking from experience!

1, As you have stated if you can not established her treaty for the year 2012-2013 as a self employed am
afraid any application you make is refusal. Unless you can provide a treaty right for at least 6mth for any
year.

2, 2014-2015 you need all the paperwork of her work in Azda that year too including maternity stuff if you
can get it just to show what she's been doing during that year.

3, All the time she was self employed for you need all her Tax,Ni contribution etc. If you check the
application guideline you will all the document needed.

4, Focus on how you can apply for PR and not divorce for now in my opinion because of external baby involve
but that is not HO business anyway but divorce in the county court with that baby will prolong issue.
Secondly if you have divorce and you're refused for ROR/PR there will be no going back.


That is all you need to apply for anything

[Wise]

Obei that is exactly what happened to me during my own time until i joined this forum and people like yourself gave me a very clear understanding about all the technicality am not aware of regarding EU law. Many lawyers don't even have clue at all.

[too old]

[quote="Wise"]

4, Focus on how you can apply for PR and not divorce for now in my opinion because of external baby involve
but that is not HO business anyway but divorce in the county court with that baby will prolong issue.
Secondly if you have divorce and you're refused for ROR/PR there will be no going back.

OBIE Mate when i posted above about being clueless this is what i was referring to. wise could whats haunting me.

[Obie]

4, Focus on how you can apply for PR and not divorce for now in my opinion because of external baby involve
but that is not HO business anyway but divorce in the county court with that baby will prolong issue.
Secondly if you have divorce and you're refused for ROR/PR there will be no going back.

OBIE Mate when i posted above about being clueless this is what i was referring to. wise could whats haunting me.

Well the legal provision is demonstrably straightforward if a legal practitioner care to focus on its content.

[too old]

Wise first of all i have to say thanks for hitting the nail on the head understanding the irony of my case.

Secondly in your first para you mentioned it will be a combination of my five years in the UK. does that mean irrespective of what EEA national did during the years before the marriage was officially concluded and it will depend on if i was qualified or not counting towards my five years?

FURTHER responding to your points from your experience:

1) ok noted thanks

2) her work in asda before child birth is fine i know that bit but do you think it cant go against me her maternity pay although its not my child and it could still count towars the qualified year long residence irrespective of the whole situation ?

3) ok thanks noted

4) ok noted about focussing on PR, How can the baby involvement in the court during divorce be a problem; please shed some more light in that regard; good to know HO wont be messing around with the baby bit, ROR/PR refusal you posted thats no going back it could you please kindly explain further, does it mean if you get refusal in ROR is that the end of road, if yes how

once again i cant thank you enough for taking the time and secondly understand the complexity i am in. I will humbly look forward to your response on this matter.

Have been to few immigration consultants, i come out of theirs more confused as no one could convincingly say what it is and what we can do or whats the best thing to do here

[too old]

OBIE Mate when i posted above about being clueless this is what i was referring to. wise could whats haunting me.

Will the legal provision is demonstrably straightforward if a legal practitioner care to focus on its content.

Obie:

Thanks again for reply. What do you recommend in the current scenario please in terms going further about my ROR/PR as a way forward. I have to add here my wife would have started the court proceedings long ago if she did not have to pay the court fee for that and hence why she is expecting me to file the petition so i could pay the court fee. I had to add here for the benefit of the readers and any one trying to help wondering why are you not divorced in the first place by now.

Best Regards

[Wise]

1, If you apply for RoR you will need her treaty right from your marriage till decree absolute is issued to be successful with that application and it depends where you live, Divorce usually take 4/5 month to complete and very important you much be in employment otherwise the application will fail.

2, If your don't apply for RoR and choose PR later in the year then you will need complete 5yrs of her treaty right to be successful with the PR.

3, Maternity will not go against you and regarding the baby that i mentioned that may prolong issue in court was the question of the reason for the divorce in the application form that you will be making to the county court. Except you choose a different reasons for your divorce like unreasonable behaviour.You may go and study the form yourself in your council website.

4, Even if you choose the RoR path for me you don't have much time left and if you get it that will make your PR application easy provided you're working after you have divorce her..But RoR is refused that is the end if you cannot convince them possibly during appeal.

5 Regarding Obei comments I don't have an idea on that as you have pointed out that the child does not belong to you and that is what i base my points on.


YOU MAY BE LUCKY HE CAN EXPLAIN FURTHER.HE IS PRO ON EUROPEAN LAW TRUST ME AND WE LEARN NEW THINGS.

Good Luck

[Obie]

My view was for OP to seek divorce, as he will be dependent on her exercise of treaty rights and her presence in the UK if he does not, and if she was to leave, then there will be no right to retain.

As OP does not know whether there has been a continuous exercise of Treaty rights, it is likely that PR option may well not be open.