Divorced non EU, what happen to PR

[Oxi17]

Hi. I am divorced NON EU with permanent residence.
What will happen to my Permanent Residence after Brexit?
I received my Residence card in july 2009.
I received my Permanet Residence in september 2014.
Divorced with my EU husband in september 2016.
I cant apply for British citizien until july 2019. Do I need to apply for new PR after mach 2019?
Anybody can help please.
Thank you.

[Chelsuz85]

Just curious to know why you are waiting until 2019 for BC.

[Oxi17]

Because of good character requirement.

[Richard W]

I cant apply for British citizien until july 2019. Do I need to apply for new PR after mach 2019?

As an application for naturalisation can be handled quite slowly, I think you are likely to have to. Unfortunately, I am not convinced that you will count as a family member (via retained right of residence) of an EU citizen, and you might even have to worry about the government's decision to expel criminal permanent residents who are currently protected by the EU freedom of movement laws. You will have to watch how the negotiations unfold.

[CR001]

I cant apply for British citizien until july 2019. Do I need to apply for new PR after mach 2019?

As an application for naturalisation can be handled quite slowly, I think you are likely to have to. Unfortunately, I am not convinced that you will count as a family member (via retained right of residence) of an EU citizen, and you might even have to worry about the government's decision to expel criminal permanent residents who are currently protected by the EU freedom of movement laws. You will have to watch how the negotiations unfold.

Failing the good character requirement does not necessarily mean the OP has a criminal conviction. It could be a period of overstaying prior to getting the residence card in 2009.

[Oxi17]

I cant apply for British citizien until july 2019. Do I need to apply for new PR after mach 2019?

As an application for naturalisation can be handled quite slowly, I think you are likely to have to. Unfortunately, I am not convinced that you will count as a family member (via retained right of residence) of an EU citizen, and you might even have to worry about the government's decision to expel criminal permanent residents who are currently protected by the EU freedom of movement laws. You will have to watch how the negotiations unfold.

Thank you for answers.
I dont have any criminal convictions. I was overstayer. And also I didnt recieved my PR via Retained Rights of residense.
I recieved my PR when i was married . I divorsed 2 yers later.
Thank you.

[Oxi17]

I cant apply for British citizien until july 2019. Do I need to apply for new PR after mach 2019?

As an application for naturalisation can be handled quite slowly, I think you are likely to have to. Unfortunately, I am not convinced that you will count as a family member (via retained right of residence) of an EU citizen, and you might even have to worry about the government's decision to expel criminal permanent residents who are currently protected by the EU freedom of movement laws. You will have to watch how the negotiations unfold.

Failing the good character requirement does not necessarily mean the OP has a criminal conviction. It could be a period of overstaying prior to getting the residence card in 2009.

Yes it was period of overstaying.
Thank you.

[Richard W]

And also I didnt recieved my PR via Retained Rights of residense.
I recieved my PR when i was married . I divorsed 2 yers later.

That's one reason I am worried about your eligibility. You are no longer the family member of an EU national, so for the new UK replacement for EU residence rights you will be arguing for some sort of retained rights, just like widows who gained PR before being widowed.

I was overstayer.

And that may make you vulnerable to a vindictive application of Immigration Rule 320, which bans people from the UK for immigration offences. Perhaps the exemption for family members (those subject to post-2012 rules, Appendix FM) under Rule A320 will apply. Also, it may be that a trip out of the UK since your status was regularised will have removed the threat of a ban - Rule 320(7B)(iii).

[Oxi17]

And also I didnt recieved my PR via Retained Rights of residense.
I recieved my PR when i was married . I divorsed 2 yers later.

That's one reason I am worried about your eligibility. You are no longer the family member of an EU national, so for the new UK replacement for EU residence rights you will be arguing for some sort of retained rights, just like widows who gained PR before being widowed.

I was overstayer.

And that may make you vulnerable to a vindictive application of Immigration Rule 320, which bans people from the UK for immigration offences. Perhaps the exemption for family members (those subject to post-2012 rules, Appendix FM) under Rule A320 will apply. Also, it may be that a trip out of the UK since your status was regularised will have removed the threat of a ban - Rule 320(7B)(iii).

Thank you Richard W
What you mean " Also, it may be that a trip out of the UK since your status was regularised will have removed the threat of a ban - Rule 320(7B)(iii).[/quote]"?
I regularise my status in july 2009. Can I apply for BC before july 2019?
Can i apply in march 2019?

[CR001]

I regularise my status in july 2009. Can I apply for BC before july 2019?
Can i apply in march 2019?

What date did you get married??

[Oxi17]

I regularise my status in july 2009. Can I apply for BC before july 2019?
Can i apply in march 2019?

What date did you get married??

I married January 2009
Received resident card july 2009
Received Permanent resident september 2014
Divorsed september 2016
Thank you.

[Richard W]

I regularise my status in july 2009. Can I apply for BC before july 2019?
Can i apply in march 2019?

What date did you get married??

I married January 2009
Received resident card july 2009
Received Permanent resident september 2014
Divorsed september 2016
Thank you.

It would therefore seem that you ceased to be in breach of immigration law in January 2009. You could apply for a SAR to find out when the Home Office believes you attained permanent residence under the EU regulations. If you lived with your husband in the UK from when you married up until October 2009 and he was a 'worker' in that period, and can prove that on the balance of probabilities, then I believe that on character grounds you could successfully apply for naturalisation on the 10th anniversary of the marriage.

However, there remains a risk that you would suddenly be in breach of the immigration law when the UK left the EU. Are you responsible for any EU national children? EU protection of their rights may give you a right to remain in the UK while you await naturalisation. And, of course, it's always possible that the UK may end up respecting EEA 'permanent' residence.

[Oxi17]

I regularise my status in july 2009. Can I apply for BC before july 2019?
Can i apply in march 2019?

What date did you get married??

I married January 2009
Received resident card july 2009
Received Permanent resident september 2014
Divorsed september 2016
Thank you.

It would therefore seem that you ceased to be in breach of immigration law in January 2009. You could apply for a SAR to find out when the Home Office believes you attained permanent residence under the EU regulations. If you lived with your husband in the UK from when you married up until October 2009 and he was a 'worker' in that period, and can prove that on the balance of probabilities, then I believe that on character grounds you could successfully apply for naturalisation on the 10th anniversary of the marriage.

However, there remains a risk that you would suddenly be in breach of the immigration law when the UK left the EU. Are you responsible for any EU national children? EU protection of their rights may give you a right to remain in the UK while you await naturalisation. And, of course, it's always possible that the UK may end up respecting EEA 'permanent' residence.

Yes I live with my husband since end of 2008. But we rent a room and dont have any contract or bills. We have only some letters and bank statements, letter from HMRC. He was self employed working full time. He have a letter from Revenue confirming 2008-2009 payment for NIC. And self assestment 2008-2009. From May 2009 we moved to a flat. And have contract and bills. No children.
What about " grace period"?
" The UK will remain a member of the EU until March 2019, after we leave there will be a grace period of blanket permission of up to two years where EU citizens will be able to continue to live and work in the UK. This period will give EU citizens sufficient time to make their application for permission to stay. "
Grace period only for EU and family memebers?

[Richard W]

" The UK will remain a member of the EU until March 2019, after we leave there will be a grace period of blanket permission of up to two years where EU citizens will be able to continue to live and work in the UK. This period will give EU citizens sufficient time to make their application for permission to stay. "
Grace period only for EU and family memebers?

Worse, the UK government's offer on the rights of EU citizens living in the UK only offers permission to stay to EU citizens and their families. However, Footnote 6. to Paragraph 29, says that 'family members'

Includes direct family members (spouse/civil partner, direct descendants in the descending line (under 21 or dependent), direct dependants in the ascending line), including those with retained rights, and extended family members whose residence has previously been facilitated by the Home Office.

You must hope that you will be treated as having "retained rights".

The offer doesn't offer, for example, resident German schoolchildren the right to have their US citizen mother and sole responsible parent stay with them in the UK. There may be objections to this from the Continent.

[Oxi17]

" The UK will remain a member of the EU until March 2019, after we leave there will be a grace period of blanket permission of up to two years where EU citizens will be able to continue to live and work in the UK. This period will give EU citizens sufficient time to make their application for permission to stay. "
Grace period only for EU and family memebers?

Worse, the UK government's offer on the rights of EU citizens living in the UK only offers permission to stay to EU citizens and their families. However, Footnote 6. to Paragraph 29, says that 'family members'

Includes direct family members (spouse/civil partner, direct descendants in the descending line (under 21 or dependent), direct dependants in the ascending line), including those with retained rights, and extended family members whose residence has previously been facilitated by the Home Office.

You must hope that you will be treated as having "retained rights".

The offer doesn't offer, for example, resident German schoolchildren the right to have their US citizen mother and sole responsible parent stay with them in the UK. There may be objections to this from the Continent.

Thank you very much! I hope my case will be treated as "retained rights".
Because i didnt see big difference between my case and retained rights.

[Fitfam]

@Richard W ..what about those that get there permanent resident via Retain right of residents...will they be eligible for the new status?

[Richard W]

@Richard W ..what about those that get there permanent resident via Retain right of residents...will they be eligible for the new status?

There are no draft regulations, so we can only guess. It might depend on the EU sponsor still being eligible; there are many ways the regulations might be framed, and I suspect the framing will be mean-spirited.

[Fitfam]

& Richard W..But Footnote 6. to Paragraph 29,include those with retain right for the new status if it comes to effect,so why would they say it will be on there EU sponsor eligibility when they have already go in there separate ways..

[Wise]

Richard W,

You may know little/more about how the EU law/UK Law works but on this note your point can never be right as the op has been issued with PR and two years later divorced and with what i read in your thread I can tell you that if the op apply for BC by 2019 it will be successful provided there was no any criminality issue with op.


The deportation stuff you talk about was for the people in prison or later commit big crime/offences that will be deported and not people issued with PR that possibly work and contribute to the economy.

If you acquired any immigration status through EU Law it will be valid until whenever necessary but not asking to leave/invalidate their status in the country.


LET US APPLY COMMON SENSE ON THIS.

[Richard W]

You may know little/more about how the EU law/UK Law works but on this note your point can never be right as the op has been issued with PR and two years later divorced and with what i read in your thread I can tell you that if the op apply for BC by 2019 it will be successful provided there was no any criminality issue with op.

If my fears about the future law come to pass, I believe we would be in unprecedented territory. The OP's presence in the UK could come to be in breach of the immigration laws while waiting for a decision on her naturalisation application without her being otherwise disqualified by reason of bad character! There is possible precedent with minors being registered while in breach of the immigration laws. If she left the country before she needed leave, her application should be successful!

If you acquired any immigration status through EU Law it will be valid until whenever necessary but not asking to leave/invalidate their status in the country.

Are you sure that people who don't apply for leave to remain won't be removed? I'm not.

LET US APPLY COMMON SENSE ON THIS.

Yes. Don't trust scorpions - it's in their nature to sting. For example, the EEA Regulations 2016 are known to be in breach of EU law.

[Richard W]

& Richard W..But Footnote 6. to Paragraph 29,include those with retain right for the new status if it comes to effect,so why would they say it will be on there EU sponsor eligibility when they have already go in there separate ways..

It depends on how the new rules are phrased. The requirement of the sponsor to be a 'qualified person' or a 'permanent residence' is may well be replaced by a requirement 'in possession of special EU leave' or something like that, and clearly no sponsor is currently in possession of such leave. The rules may well have unintended consequences, even without a desire to minimise the number of beneficiaries. At present, retained rights for divorced family members are much more generous than for the non-EU route for spouses, and we might even see a difference depending on how the marriage ended.

[Wise]

Of course people without leave to remain or any big criminals can be deported at anytime, even though if you hold BC when is not by birth can be revoke without any stress and be deported.

But I am very very sure anyone with a status under EU law cannot just be ask to leave provided you are not a criminal and don't forget the BC are in the EU also and they all have families. 2016 regulation you pointed out i do agree with you, but that does not mean that if one is refused and you challenge them you will not win.

Many cases has been thrown out because of their poor attitude in applying the Eu law in favor of the applicants.

Lastly, everything many Uk politicians/gov have said so far is just to see they can play the game of stupid strong and stable government which they are not as i do follow news on brexit very regularly both in UK/EU and just recently UK was proposing bio metric for the EU national in UK which Barnier the chief negotiator slam down that EU nationals will never become second class citizen in UK and that is the reason why EU commission will not trust the UK government with their citizen's right and i guess if the uk don't want ecj then there will be a body to monitor how the law is implemented in the UK in the end.