Eea Pr For Non-European Family Member

[tigana]

Hi guys,

Just a quick question. I'm just wondering, would I (a non-European family member of EU citizen) be able to still apply for PR if my spouse has a Indefinite Leave to Remain, but no longer lives in the UK? She will be living abroad for approximately one year when I apply for my PR.

Thanks a lot!

Tigana

[noajthan]

Hi guys,

Just a quick question. I'm just wondering, would I (a non-European family member of EU citizen) be able to still apply for PR if my spouse has a Indefinite Leave to Remain, but no longer lives in the UK? She will be living abroad for approximately one year when I apply for my PR.

Thanks a lot!

Tigana

Do you really mean your spouse has ILR or do you mean she has PR?

Unless you have acquired PR you only have a right to live in UK with your sponsor.
If sponsor has left UK then your position in UK is in doubt.

What is the reason for the absence?
Any intention to return? and, if so, when?

Usually anything over 6 months in a 12 month period breaks continuity of residence and so would reset your PR clock to zero.

How did plans for divorce and ROR work out?
http://www.immigrationboards.com/eea-ro ... 98946.html
http://www.immigrationboards.com/eea-ro ... 04001.html

[tigana]

Hello,

My ex partner and I are actually about to start our divorce proceeding and apply for ROR for me. Would you advise against it? Or should we do it as soon as possible, whilst the new law isn't implemented yet.

I do keep in mind that it will take 6-10 months until our divorce is finalised and I can only apply for my ROR in about 1 years time. Do you have any thoughts on how to go about it?

Thank you!
Tigana

[noajthan]

Hello,

My ex partner and I are actually about to start our divorce proceeding and apply for ROR for me. Would you advise against it? Or should we do it as soon as possible, whilst the new law isn't implemented yet.

I do keep in mind that it will take 6-10 months until our divorce is finalised and I can only apply for my ROR in about 1 years time. Do you have any thoughts on how to go about it?

Thank you!
Tigana

Spouse needs to be in UK when proceedings are initiated. With what appears to be something nearing a year's absence under her belt it appears too late for that option (regardless of Brexit).

[tigana]

Hello!

Sorry I just realised I'm not making much sense in this thread (too many tabs open!). Basically we are trying to explore what options are best in this situation so either divorce / ROR, or her applying for PR then leave, and I apply for PR without her being in the country possibly. Super not ideal but now just trying to explore different possible routes, with Brexit and all.

Would you suggest better to apply for divorce and ROR, or just getting her to apply for PR and then I apply for PR (and hoping that the home office won't find out she will be in and out of the country at the time of my PR application).

She is currently in the UK, working and all, but planning to leave the UK in 8 months time. The plan was that she wanted to leave as soon as divorce is finalised so I can apply for my ROR but I'm not sure anymore because of Brexit. So yes, I'm not entirely sure!

Thank you for your help!!

Tigana

[noajthan]

Hello!

Sorry I just realised I'm not making much sense in this thread (too many tabs open!). Basically we are trying to explore what options are best in this situation so either divorce / ROR, or her applying for PR then leave, and I apply for PR without her being in the country possibly. Super not ideal but now just trying to explore different possible routes, with Brexit and all.

Would you suggest better to apply for divorce and ROR, or just getting her to apply for PR and then I apply for PR (and hoping that the home office won't find out she will be in and out of the country at the time of my PR application).

She is currently in the UK, working and all, but planning to leave the UK in 8 months time. The plan was that she wanted to leave as soon as divorce is finalised so I can apply for my ROR but I'm not sure anymore because of Brexit. So yes, I'm not entirely sure!

Thank you for your help!!

Tigana

Suggest get your PR first and asap.
And your wife's too if she doesn't have it . Its not clear how much of the above was hypothetical.

Rather than being all hypothetical far better to state your situation and ask your question.

Don't let wife leave UK before you sort this out.
You can't get your PR if your sponsor leaves UK.
ROR will also fail if sponsor is not in country when divorce is initiated.
And you can't play games with HO by pretending someone's here if they are not.

With all his wild talk of Brexit and deportations and so on you will want to assure your future and, just as in The Deer Hunter, you may only have one shot.

[tigana]

Hello, thanks for super speedy reply.

I don't have a PR yet, due to apply in early 2018. She is eligible for one, so yes we are working on hers.

Yes I think by the looks of it, ROR is most reliable one for me, as my ex partner is still here at the moment, and will be exercising treaty rights during the divorce and until divorce is finalised. Am I correct that they will still be issuing ROR until the 2 year period finished after Article 50 evoked? Am I correct to assume that freedom of movement still applies during this time, including their family member (and ROR applications)?

Thanks!
Tigana

[noajthan]

Hello, thanks for super speedy reply.

I don't have a PR yet, due to apply in early 2018. She is eligible for one, so yes we are working on hers.

Yes I think by the looks of it, ROR is most reliable one for me, as my ex partner is still here at the moment, and will be exercising treaty rights during the divorce and until divorce is finalised. Am I correct that they will still be issuing ROR until the 2 year period finished after Article 50 evoked? Am I correct to assume that freedom of movement still applies during this time, including their family member (and ROR applications)?

Thanks!
Tigana

EEA Regulations are still in place for now including ROR.

Boris Johnson was today reported as stating (in connection with limits on UK migration):

What is certainly possible, post leaving the EU – and once we end our obligations under uncontrolled free movement – it will be possible to have a system of control.

‘This is what we were talking about in the referendum campaign. You can’t do that immediately, clearly, because we are still in the EU and subject to uncontrolled free movement.’