Divorce after PR

[Whiteblanket87]

Hi
I am non eu national married to eu national in june 2013. Applied for RC in july and got refused after 6 months with right of appeal. Successful appeal done amd got my RC in january 2015 which will expire in january 2021. My question is when can I apply fir PR under eu rules and qualified period starts from when
1: from date of marriage?
2: date of RC application?
3: date of visa issued?
Kindly provide link to relevant law clause as well when you answer.
Many Thanks

[hayat89]

Hi
I am non eu national married to eu national in june 2013. Applied for RC in july and got refused after 6 months with right of appeal. Successful appeal done amd got my RC in january 2015 which will expire in january 2021. My question is when can I apply fir PR under eu rules and qualified period starts from when
1: from date of marriage?
2: date of RC application?
3: date of visa issued?
Kindly provide link to relevant law clause as well when you answer.
Many Thanks

Permanent residence period start when you become family member of the EEA PARTNER mean on the day of the marriage.

[secret.simon]

Assuming that your marriage is legally recognised, you would acquire PR on the fifth anniversary of the marriage (if married in the UK) or fifth anniversary of arriving in the UK after the marriage to an EEA citizen (if married outside the UK), provided the EEA citizen has either exercised treaty rights continuously or held PR for those five years.

[Whiteblanket87]

Hi
I am a non eu national with permanent residence card issued july 2018. I have two question please:
1: if me and my partner happen to have divorce what will happen with ny permanent status as card states family member of eu national?
2: if I go for british passport I will quilify in july 2019. How will brexit effect. Do I still have air cushion in terms of grace period UK is setting till 2020. Or eu rights cease to exist after march 2019. I know its all vague at the moment but I am under impression that eu rights will run till december 2020.
Any help will be much apreciated.

[Richard W]

I know its all vague at the moment but I am under impression that eu rights will run till december 2020.

That is a good summary of the current position. If there is a withdrawal agreement, EU rights will run to the end of December 2020.

My recommendation is to apply for settled status as soon as you can. That will get you ILR which should survive any bulk invalidation of EEA rights.

The part of the withdrawal agreement addressing family members' rights and their retention is a mess; if that were to be the relevant law and regulations, there would be many court cases to establish the broad details of what the law actually was. However, the UK's published intention is far more generous. Thus, your permanent residence card would be recognised even if you divorced, even thought it appears that you would then cease to be covered by the withdrawal agreement. Note, however, it is the residence card that matters; merely having permanent residence would not suffice.

What happens if there is no withdrawal agreement is not clear, though I think administrative simplicity will be the driving principle. There is a widespread feeling that a withdrawal agreement will be concluded in March, so I expect there to be a window of many weeks during which you can consolidate your PRC with ILR just in case.

As to naturalisation, a question which so far has not been answered is for how much longer having permanent residence or having a permanent residence card will confer settled status. It is not inconceivable that that will cease in March 2019 regardless of whether there is a withdrawal agreement. It is a matter which is outside the scope of the exit negotiations.