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EEA Partner and I separated (EEA family permit)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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rmrne
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United States of America

EEA Partner and I separated (EEA family permit)

Post by rmrne » Fri Aug 17, 2018 9:19 pm

Hello all,

I am now fully separated from my EEA partner. I do not know what to do as I am here working and living on the basis that they are 'sponsoring' me. I was able to settle and work here on an EEA Family Permit (issued in 2014 and set to expire in 2019. I went to the UKBA website to see if I was eligible to apply for permanent residence through the divorce/separation route but it said I did not qualify for this. Does anyone have any advice on what to do?

I am an American, working full time - making well over the threshold of income requirement, have lived in UK since 2013. Any help would be greatly appreciated.

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CR001
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Re: EEA Partner and I separated (EEA family permit)

Post by CR001 » Fri Aug 17, 2018 9:28 pm

Are you married or an unmarried partner?
Char (CR001 not Casa)
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rmrne
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United States of America

Re: EEA Partner and I separated (EEA family permit)

Post by rmrne » Fri Aug 17, 2018 9:32 pm

We were married

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CR001
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Re: EEA Partner and I separated (EEA family permit)

Post by CR001 » Fri Aug 17, 2018 10:08 pm

Your rights continue until such time as you are divorced as long as your spouse remains in the UK exercising treaty rights.

Once divorced you can apply for retained rights of residence or PR once you have 5 years residence and your spouse has been a qualifying person exercising treaty rights for the whole period.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rmrne
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United States of America

Re: EEA Partner and I separated (EEA family permit)

Post by rmrne » Fri Aug 17, 2018 10:33 pm

Thank you CR001. Do I apply via EEA family permit renewal or do I apply via PR application?

hayat89
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Re: EEA Partner and I separated (EEA family permit)

Post by hayat89 » Sat Aug 18, 2018 1:09 pm

CR001 wrote:
Fri Aug 17, 2018 10:08 pm
Your rights continue until such time as you are divorced as long as your spouse remains in the UK exercising treaty rights.

Once divorced you can apply for retained rights of residence or PR once you have 5 years residence and your spouse has been a qualifying person exercising treaty rights for the whole period.
dear CR001
Divorced mean start of the proceeding or the decrease absolute ?
if 5 year complete when you are in court under eea retain of right waiting decision ?

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CR001
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Re: EEA Partner and I separated (EEA family permit)

Post by CR001 » Sat Aug 18, 2018 1:10 pm

hayat89 wrote:
Sat Aug 18, 2018 1:09 pm
CR001 wrote:
Fri Aug 17, 2018 10:08 pm
Your rights continue until such time as you are divorced as long as your spouse remains in the UK exercising treaty rights.

Once divorced you can apply for retained rights of residence or PR once you have 5 years residence and your spouse has been a qualifying person exercising treaty rights for the whole period.
dear CR001
Divorced mean start of the proceeding or the decrease absolute ?
if 5 year complete when you are in court under eea retain of right waiting decision ?
Please continue in your own topic you already have. It is considered rude and unfair to this original pisyer to tag your question onto another members thread.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hayat89
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Posts: 19
Joined: Fri Jun 30, 2017 10:49 pm

Re: EEA Partner and I separated (EEA family permit)

Post by hayat89 » Sat Aug 18, 2018 1:15 pm

CR001 wrote:
Sat Aug 18, 2018 1:10 pm
hayat89 wrote:
Sat Aug 18, 2018 1:09 pm
CR001 wrote:
Fri Aug 17, 2018 10:08 pm
Your rights continue until such time as you are divorced as long as your spouse remains in the UK exercising treaty rights.

Once divorced you can apply for retained rights of residence or PR once you have 5 years residence and your spouse has been a qualifying person exercising treaty rights for the whole period.
dear CR001
Divorced mean start of the proceeding or the decrease absolute ?
if 5 year complete when you are in court under eea retain of right waiting decision ?
Please continue in your own topic you already have. It is considered rude and unfair to this original pisyer to tag your question onto another members thread.
ok
sorry if you think its rude and unfair.
i ask because its similar to what i am in.

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CR001
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Posts: 88118
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: EEA Partner and I separated (EEA family permit)

Post by CR001 » Sat Aug 18, 2018 1:17 pm

hayat89 wrote:
Sat Aug 18, 2018 1:15 pm
CR001 wrote:
Sat Aug 18, 2018 1:10 pm
hayat89 wrote:
Sat Aug 18, 2018 1:09 pm
CR001 wrote:
Fri Aug 17, 2018 10:08 pm
Your rights continue until such time as you are divorced as long as your spouse remains in the UK exercising treaty rights.

Once divorced you can apply for retained rights of residence or PR once you have 5 years residence and your spouse has been a qualifying person exercising treaty rights for the whole period.
dear CR001
Divorced mean start of the proceeding or the decrease absolute ?
if 5 year complete when you are in court under eea retain of right waiting decision ?
Please continue in your own topic you already have. It is considered rude and unfair to this original pisyer to tag your question onto another members thread.
ok
sorry if you think its rude and unfair.
i ask because its similar to what i am in.
It creates confusion when members respond and becomes a mish mash.

See point 12 in the forum rules FAQs below

announcements/read-me-getting-started-t ... 24804.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rmrne
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Posts: 6
Joined: Tue May 22, 2018 12:27 am
United States of America

Re: EEA Partner and I separated (EEA family permit)

Post by rmrne » Sat Aug 18, 2018 9:23 pm

So I should use the EEA (FM) form and apply the section ROR to my case? :_)

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