Immigrationboards.com

Good day everyone.
Thanks for the valuable advise on this forum, it has been of great assistance.

I need help from the forum, pls.

I came into the country in 2006 October as a student.
In 2012, I got married to my EEA national wife.
RC granted on November 2013.
I will be 10 yrs in October 2016 and due to submit my application for ILR between September 6th-12th at least 28 days before the qualifying period.

My marriage broke down recently after over 4 years of been together and we are in the process of divorce (starting this July).
She is self employed and have already submitted her tax return for the year 2015/2016.


My questions are these:

1. I will have to depend on our time together to count towards my qualifying period (10 yrs) but how do I show she is still exercising treaty right as a self employed worker between May 2016-October 2016? Because no payment will be required of her by the time I will send my application in September.

How do I account for May- October 2016 to show she is currently still exercising treaty right?
Next tax return is 2016/2017 and it is only due by next year April/May 2017. Contact with her may be limited once the divorce is over.

I only have her evidence of work from 2012 till the last financial year (2015/2016 tax returns). And I understand I need to show her evidence of treaty rights for the last 3yrs to my application month.

2.What documents do I need to support my application? I have available her NIC contributions and taxes paid from 2012 till date?

3. Also since the divorce is not absolute and it's not likely to be absolute by the time I will submit my application in September 6th -12th. Do I need to tick the box of "married" under relationship status since there is no option for divorce in progress? or I should tick "divorce/dissolved civil partnership" or separated / separation order"?

Thank you for the candid advise.

If you are applying for ILR on the basis of 10 year LR then i believe you do not have to relay on anything other then your legal residence in the UK for 10 years. You are together or not has nothing to do with your LR as long as you have legal status.

You are applying ILR through LR, her treaty rights has nothing to do with your application in my opinion.

If your ten years included time spent under the EEA regulations, then you would also have to show that you had a right to reside under the EEA regulations for that period.

So, yes, you should show that your wife was a qualified person or had PR during that period.

naazz wrote:If you are applying for ILR on the basis of 10 year LR then i believe you do not have to relay on anything other then your legal residence in the UK for 10 years. You are together or not has nothing to do with your LR as long as you have legal status.

You are applying ILR through LR, her treaty rights has nothing to do with your application in my opinion.

Please don't give incorrect advice if you are not sure.

If a person applying for ILR on the basis of long residence includes a period as an EEA Family Member, it is compulsory to submit documents covering this period of the EU national 'exercising treaty rights' and being a 'qualified person'.

If the OP and the EU spouse get divorced, the OPs has to apply for Retain Rights of Residence ideally as the divorce renders the EEA residence card effectively void.

Thank you guys for your input.

To the rest of us, could we pls let's be sure of what we want to talk about before offering advice so that we don't mislead anyone?

It is very mandatory for anyone applying for ILR having been an EEA family member to show evidence of the EEA spouse treaty rights for the period. If this can not be proven, the ILR application will be refused and LR will not be continuous. And I know these as clearly stated, only wanted to clarify few months in the current financial year as my application falls within 2 financial year. I do have the answer to that request now.
Many thanks.

Update for all.
12.11.13 - Residence Card granted.
05.12.16 - applied for ILR (Long residence) under EEA family member (Spouse) of an EEA National
07.12.16 - application received
09.12.16 - payment deducted from account
16.12.16 - Acknowledgment email received that application is been considered and will be processed within 6 months.
16.01.17 - Same acknowledgment email.
19.02.17 - Same acknowledgment email.
15.03.17 - Approval letter received dated 14th March 2017 and to expect BRP card within 7 days. Waiting for it this week before Friday.
In total the waiting period is 13 weeks.

Documents Submitted
My EEA National evidence of treaty rights - proof of work and income with Tax & NI paid
Spouse proof of residence - proof of address
Evidence that we live together(proof of living together since we got married 2012-date)
My proof of work and Tax paid before Residence card was granted and also from the time it was granted up until the time of application - 5 years Employee History- ( you can request one from HMRC using this number (01355359022).
LIFE in the UK Test
English Language Test Result (I have PGD), I still don't want to take chances.
Proof of my residence since the last 10 years. All my passports with residence permit.
DBS Certificate. This is a criminal record check service. The HO will do it anyway but just to speed up the process.

This was a straight forward application.

Make sure you don't leave anything out.

I wish everyone that want to apply and those that are still waiting the best of luck.

Continuation of my updates on ILF..........
21.03.17 - BRP (ILR) received.

congrates