PR eligibility at stake, please advise!!
Posted: Mon Sep 05, 2011 1:26 am
Hi all,
I have posted my query several times but haven't been getting fruitful results so I'm really hoping this time someone with a heart to help will give me the right advise so thanks in advance!
Case:
My PR is due for 2 months now based on legally married to an EEA national for 5 years however we are not living together for last 2 years due to personal issues that might lead to a divorce. My spouse have been working part time throughout the period which I guess does count as exercising treaty rights.
Here's a brief summery:
Married since 2006 to date
Separated 2 years ago
Lived together for a total period of 3 years
Myself: work/study for whole period
Spouse: 3 years full time 2 years part time work
Only have evidence of 3 years cohabitation
Now my questions are:
1) should I go ahead and apply for PR given that we lived together for 3 years?
2) is that an issue for home office that why 2 years aren't together out of 5 years of marriage?
3) is it ideal if we process divorce and then apply for PR as this was suggested by a solicitor.
4) a solicitor also suggested that we should not inform ho that we are separated, just tell them te reason why we did not live together, study/work and that will be fine. Could it work?
5) even if I process divorce and apply, am I entitled to PR or will I be issued another residence card valid for another 5 years which has happened previously in some cases dealt by home office.
Thank you very much for reading ad replying in advance.
I have posted my query several times but haven't been getting fruitful results so I'm really hoping this time someone with a heart to help will give me the right advise so thanks in advance!
Case:
My PR is due for 2 months now based on legally married to an EEA national for 5 years however we are not living together for last 2 years due to personal issues that might lead to a divorce. My spouse have been working part time throughout the period which I guess does count as exercising treaty rights.
Here's a brief summery:
Married since 2006 to date
Separated 2 years ago
Lived together for a total period of 3 years
Myself: work/study for whole period
Spouse: 3 years full time 2 years part time work
Only have evidence of 3 years cohabitation
Now my questions are:
1) should I go ahead and apply for PR given that we lived together for 3 years?
2) is that an issue for home office that why 2 years aren't together out of 5 years of marriage?
3) is it ideal if we process divorce and then apply for PR as this was suggested by a solicitor.
4) a solicitor also suggested that we should not inform ho that we are separated, just tell them te reason why we did not live together, study/work and that will be fine. Could it work?
5) even if I process divorce and apply, am I entitled to PR or will I be issued another residence card valid for another 5 years which has happened previously in some cases dealt by home office.
Thank you very much for reading ad replying in advance.