Which application?

I am a single mother of two British citizens. Both my children are under 5. I am from Russia originally and is currently divorsing my EEA partner. My five year visa as an EEA family member is also ending. Can I apply for ILR on the basic of my two children? Or do I have to apply for a parent visa for three years first? Or can I have a contunating extension on my existing visa for 2.5 yrs b4 then applying for ILR. Which ever route u suggest can u please advised me on the correct form and cost please. Thank you so much!

Once you have the divorce decree absolute, you can apply to Retain your Residence rights. A moderator will be able to explain more.

ILR is for UK Immigration routes not EU.

EU route is Permanent Residence, which you might be able to apply for but again, a moderator can give more information on that if it is possible.

As you not yet divorced, you are still considered a direct family member of an EEA national.
After divorce, you may have retained your rights of residence.
If you were a victim of domestic violence, then you may also have retained your rights of residence.

Therefore, in all three cases above, applying for EEA4 seems best, if the EEA national is exercising Treaty rights.

Thank you for your reply. Who is a moderator? I also separated from my partner after one year of marriage. Can I apply for a permement recidence card if I am seperated but still not divorce?

I don't have any access to my ex partner even though we are still married. I ve utterly lost contact. Do I still apply on EEA4 even though I have two British children?

Yes you can, provided you can prove that you have been residing in the UK for the last 5 years as the Spouse of an EU citizen , Who is a qualified person. This means the EU citizen must have been working , Self employed or Self Sufficient.

As your children has British Citizenship, I believe this chap has probably acquired PR , if he is the father, otherwise section 1 (1)(b) of the 1981 nationality act would not have been met.

Obie wrote:As your children has British Citizenship, I believe this chap has probably acquired PR , if he is the father, otherwise section 1 (1)(b) of the 1981 nationality act would not have been met.

Good points. After he acquired PR, he doesn't need to be a qualified person. Just not absent from the UK for over two years.

He is not the father. I can proof that I ve lived and work but I ve no evidence of my marriage following the first year. I then settled with a british partner and had two children but that relationship didn't work either. So now I'm alone with my two children. Is the EU route for a PR my only route considering I ve no evidence of my missing husband.

If the EEA4 application is refused, then at the appeal, the court may help you get the information.

Can I apply for a change of visa before my divorce?

Then it will have to be FLR (FP) on the basis of the British Children and/or partner. You will have to then wait 10 years to Secure PR.


Vinny ' s option is another option, provided of course, the guy was indeed in the UK exercising treaty rights over these relevant periods.

The court may even allow you appeal under Article 8, if you fail to succeed under the regulations.

Could I not apply for the parent visa for 30months or 2.5yrs and then apply for ILR? Which forms are for parent visa?

Mashamasha wrote:currently divorsing my EEA partner.(

How are you currently divorcing him, if you don't know where he is?

Mashamasha wrote:Could I not apply for the parent visa for 30months or 2.5yrs and then apply for ILR? Which forms are for parent visa?

No, because you don't have leave under the Immigration Rules.

I was advised that the marriage has resolved and therefore I don't need evidence of his whereabouts. It's 5 yrs since seperated.

So what you are suggesting is that I make my application for a PR via EEA4 even though I have no evidence of my husband that I have been seperated from for 5yrs. My application will surely be refused. My two british children can then be put forward during the appeal and I will have to accept 10yrs route... Wow that's harsh

Perhaps you can apply for leave under a 5-year route, with EX.1? I'm not sure. Cannot remember off hand. Have to look at the complicated rules again.

I will read it thank you so much for your replies. It will help me sleep

vinny wrote:Perhaps you can apply for leave under a 5-year route, with EX.1? I'm not sure. Cannot remember off hand. Have to look at the complicated rules again.

If a person seek to invoke EX1, then thy cannot qualify under 5 years route. It will have to be the 10 years route.

This person, does not seem to meet the Immigration Status requirements or the financial requirement, of sufficient resources not to be a burden on the UK resources, therefore the only option will be FLR(FP) 10 years route.

If her circumstances changes, she gets a job, pass the English Test, and starts working, then she can almost immediately switch to the 5 years route.

Nothing in law will prevent her from doing so.

Also see Exception 1 not free standing

Thanks, Obie.

Her work/financial status and English qualifications were not clear to me.

The other difficulty is the immigration Status requirement.

As she does not have leave but Residence card, she will have to rely on ex1, as the immigration status requirement is not met.

Regarding the Immigration status requirement,

E-LTRPT.3.1 is not applicable.
E-LTRPT.3.2(a) is not applicable.
If she is not considered in breach of immigration laws, then E-LTRPT.3.2(b) is not applicable.
If she is considered in breach of immigration laws, then E-LTRPT.3.2(b) is not applicable, when EX.1 applies.

So, perhaps the Immigration status requirement may be met?

[b]Immigration status requirement[/b] wrote: E-LTRPT.3.1. The applicant must not be in the UK
-
(a)as a visitor;or
(b)with valid leave granted for a period of 6 months or less, unless that leave was
granted pending the outcome of family court or divorce proceedings;

E-LTRPT.3.2. The applicant must not be in the UK
–
(a) on temporary admission or temporary release, unless paragraph EX.1.applies; or

.....

I am of the view that the requirement of E-LTRPT 3.1(b) is not met.

One can infer from that provision, that the applicant must not be in the UK with Leave granted for a period of less than 6 months.

The OP has no leave, nevermind for a period of above 6 months.

It is not clearly worded, but that is my view and understanding of that provision, looking at the rules in totality or as a whole.

Ah, yes. I see. Don't know how I missed that.

Thanks, Obie.