PR

[Ladip]

I got married in 2010 and my RC was issued to me in 2012. My spouse and I started our divorce process in 2015, now waiting for the decree absolute.

My questions is:

Based on my 5 years of marriage with my eea spouse during which she was exercising her treaty right and I was self employed part time and work as PAYE on full time basis, lived together at same address through out these periods, but my RC is just over 3 years?,

Can somebody educate me what kind of application I should make to the HO; is it PR or ROR?,

Your valuable clear and concise response would be highly appreciated as I have been racking my brain on what to do for over 3months now.
Thank you all

[noajthan]

I got married in 2010 and my RC was issued to me in 2012. My spouse and I started our divorce process in 2015, now waiting for the decree absolute.

My questions is:

Based on my 5 years of marriage with my eea spouse during which she was exercising her treaty right and I was self employed part time and work as PAYE on full time basis, lived together at same address through out these periods, but my RC is just over 3 years?,

Can somebody educate me what kind of application I should make to the HO; is it PR or ROR?,

Your valuable clear and concise response would be highly appreciated as I have been racking my brain on what to do for over 3months now.
Thank you all

You are still legally married. (Hopefully on reasonable terms with spouse; you don't need to be co-habiting).
Shoot for PR.
Start now before divorce is finalised.

Note: your economic activity is immaterial;
- it's all about your sponsor/spouse exercising treaty rights continuously (since 2010).

Any absences from UK (by either party) should have been within prescribed limits too.

Make sure you can access all necessary documentary supporting evidence that you will need now (& may need in future).
Suggest copy & scan everything whilst preparing your application for confirmation of PR.

[Ladip]

Thank you Jonathan. What a conscience answer. But my concern is that she has her passport and national ID card with her when leaving but after I spoke to her she agreed to give to me her Residence Document issued by HO ( the Blue card), her Employment History as she can locate or collate her P60's or p45 and/or payslips in total. (2) having read through your response she agreed to put on hold the decree absolute application, though, decree nissi had been issued.

Sir,would my application be valid and successful if I applied with above stated document and some of her found payslips, correspondences on her name with the same address and Residence Document and Employment History issued by HMRC. Also, is it to my advantage if she delayed the application for decree absolute for the next 1 month?, or what is your advice.

Thanking you all in anticipation for your straight answers.

[noajthan]

... my concern is that she has her passport and national ID card with her when leaving but after I spoke to her she agreed to give to me her Residence Document issued by HO ( the Blue card), her Employment History as she can locate or collate her P60's or p45 and/or payslips in total. (2) having read through your response she agreed to put on hold the decree absolute application, though, decree nissi had been issued.

Sir,would my application be valid and successful if I applied with above stated document and some of her found payslips, correspondences on her name with the same address and Residence Document and Employment History issued by HMRC. Also, is it to my advantage if she delayed the application for decree absolute for the next 1 month?, or what is your advice.

Thanking you all in anticipation for your straight answers.

I think it will be more straightforward if you are able to apply whilst still legally married.

Proof of identity (and residence in UK) is required from both parties.

As well as proof of their economic activity & residence in UK you will definitely need evidence of your sponsor(/spouse)'s ID too.

See HO guide:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 26+
- see also example scenarios 1 & 2

[Ladip]

Can somebody tells me what negative impact does it or will it have on PR application if once spouse ( eea national) works for just 20 hours a week and claims child benefit and working tax credits?.

Thanking you in anticipation for your response.

[Ladip]

Sorry for bothering you so much. But your understanding of the EEA rules is inevitable so bear with me and many others that may be worrisome to you with questions.

Just to ask you if there's need for our marriage certificate to be included in the PR application, as it was submitted for the divorce and still in care of the family court. Because my spouse has agreed to sponsor my PR application before or after the decree absolute is issued.

Thanking you for your positive response and unequal advice. Also, thanks to any other person who can help me solve this riddle.

[noajthan]

Sorry for bothering you so much. But your understanding of the EEA rules is inevitable so bear with me and many others that may be worrisome to you with questions.

Just to ask you if there's need for our marriage certificate to be included in the PR application, as it was submitted for the divorce and still in care of the family court. Because my spouse has agreed to sponsor my PR application before or after the decree absolute is issued.

Thanking you for your positive response and unequal advice. Also, thanks to any other person who can help me solve this riddle.

If you review the guidance you will see a marriage certificate is definitely required to prove your relationship as that is the basis of your sponsorship by an EEA national.

https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see example, pg 28

Do you not have official copies of such documents?
for example, I have 5 mcs (for same marriage).