Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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Alexa157
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by Alexa157 » Fri Nov 02, 2018 1:22 pm
Hi everyone i really need advice on the ILR.
I was married with an eu national for 4 years then we DIVORCED .
I am holding retained rights visa for 5 years which was granted 7 months ago.
I asked two solicitors if i can apply for ILR one says Yes you can get ILR one says NO i am confused.
I ll be really thankful to you all.
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CR001
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by CR001 » Fri Nov 02, 2018 1:28 pm
It is not ILR, it is PR as you are on the EEA route and not the UK immigration route.
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.
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Obie
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by Obie » Fri Nov 02, 2018 1:48 pm
Alexa157 wrote: ↑Fri Nov 02, 2018 1:22 pm
Hi everyone i really need advice on the ILR.
I was married with an eu national for 4 years then we DIVORCED .
I am holding retained rights visa for 5 years which was granted 7 months ago.
I asked two solicitors if i can apply for ILR one says Yes you can get ILR one says NO i am confused.
I ll be really thankful to you all.
What was the EEA National doing during the course of your marriage, was she employed or self employed? when were you married? Are you still working or self-employed.
Smooth seas do not make skilful sailors
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Alexa157
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by Alexa157 » Fri Nov 02, 2018 1:51 pm
Thanks for your help...
But am i eligible for PR
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Alexa157
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by Alexa157 » Fri Nov 02, 2018 2:24 pm
Hi there thanks for reply he was working as employed and self employed...
But work was on and off ..
We didn't claim any benefits...
I myself was self employed and paid my taxes regularly.
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Obie
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by Obie » Fri Nov 02, 2018 2:41 pm
Perhaps your lawyer has a better insight into your case than me, and has ascertained there are no breaks in your treaty rights. If there are breaks in the treaty rights during the course of the marriage, then you may not qualify.
Smooth seas do not make skilful sailors
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Alexa157
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by Alexa157 » Fri Nov 02, 2018 3:00 pm
My lawers made me confuse one says you are eligible one says you are not..
There was no break in trinity rights from me but my partner was on and off the work
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Richard W
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by Richard W » Fri Nov 02, 2018 11:48 pm
Alexa157 wrote: ↑Fri Nov 02, 2018 3:00 pm
My lawers made me confuse one says you are eligible one says you are not..
There was no break in trinity rights from me but my partner was on and off the work
It was your spouse who had treaty rights, not you. Whether you worked before the divorce is irrelevant.
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Alexa157
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by Alexa157 » Sat Nov 03, 2018 5:30 am
Thanks for your reply..
I understand it was him who had treaty rights not me.
But in this situation am i eligible for PR...
Thanks
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vinny
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by vinny » Sat Nov 03, 2018 6:30 am
Alexa157 wrote: ↑Fri Nov 02, 2018 2:24 pm
Hi there thanks for reply he was working as employed and self employed...
But work was on and off ..
Working on and off may be a
problem. What was he doing when work was off?
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Alexa157
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by Alexa157 » Sat Nov 03, 2018 7:42 am
Thanks again for your help...
He had back pain that's why he couldn't work and he only went to gp once ...
But he was getting treatment from his home country.
So there is no documented proof that he was sick.
