Help with retained rights of residence

[Jollianoo]

Hi everyone,

I would really appreciate if you can give me advice here please!

I'm non EEA been married with my EEA wife for 7 years we got 6 years old child, we lived together in U.K. For 2 years same address then I moved to another address for 3 years, so in total both we still live in U.K. More than 5 years, I got 5 years resident card issued on 2013 but we start to live in UK since 2012 with my EEA family primat.
My EEA wife during last 5 years she was self employed most of years and sometimes was JSA and sometimes was taken benefit because low income as a self employed and single mother. She got qualified person registration certificate for 5 years and still valid.
Currently she is self employed for 3 years and she gets benefit for low income.

- Which is better to apply for after we get divorce, PR or Retained Rights of residence?
- It's a problem if my EEA ex wife self employed qualified person and at same time she get benefit for low income and she didn't pay tax because low income?
Thanks

[too old]

If your wife has not been qualified as per the applicable rules and regulations for continous five years then no point in applying for PR. In my humble opinion if the relationship has permanently broken down and your wife is still qualified, shoot for divorce which will lead to ROR. make sure you obtain as much as possible evidence of the wife's work or self employment evidence from the date you got married till the final date of divorce.

Thanks

[Jollianoo]

Thanks for reply
I thought if she was working, job seeker & self employed for the last 5 years that means she is qualified person, not?
The problem currently she is self employed she got all evidences but she don't pay tax or NI cause on low income she also taken housing benefits, how about that?
If she is not qualified now should I pay for her full health insurance, that could help?
Which period should I collect her self employment records? I read she should be qualified only when we get divorce or last 3 months or for all 5 years?
Cheers

[too old]

if she has been earning enough money whichever way working or self employed which is in line with the minimum threshold set by the govt for continuous five years then you are fine. if there are any gaps which she had JSA for as long as those are not more than 6 months in a year you should be fine. MTE is i think £8000 per year.

if she has not paid tax for any year due to whatever reason then i think to count that year towards the qualification would not be suitable however you could be fine for the year when the Child was born; not after that such as meaning if the child is 6 years old now and she is not paying taxes then that is not in line with the EEA Regs in my opinion.

insurance could well be the only option left now however the gurus have to confirm here if that can work considering her low income and access to public funds and your activities.

for ROR you need her treaty rights exercising for the very year you getting divorced in, for PR if you relying on the years spent during the marriage being a family member then you need all the evidence from the date of marriage.

oR

You could get ROR and then wait for another five years when you have exercised 5 year treaty rights to be eligible for PR on your own.

Thanks

[Jollianoo]

That was really helpful, thank you a lot

I got my divorce today waiting for the absolute after 6 weeks meanwhile she going to do her self assignment and pay the tax so she can prove that she is qualified at least this last year
I also applied for child arrangement order from the court to access my child in the UK, what I read if I got this order this only enough to get ROR even if without her documents at all, is that right?
Thank you!

[Obie]

That was really helpful, thank you a lot

I got my divorce today waiting for the absolute after 6 weeks meanwhile she going to do her self assignment and pay the tax so she can prove that she is qualified at least this last year
I also applied for child arrangement order from the court to access my child in the UK, what I read if I got this order this only enough to get ROR even if without her documents at all, is that right?
Thank you!

That is totally wrong. An order from court means you can divorce before 3 years of marriage, but it does not preclude you from demonstrating that your EU family member was exercising treaty rights at the time of divorce.

[too old]

Please understand what Obie has mentioned above as its very important and could you please tell us how long the divorce process took