Confuse

[Tarus77]

Good day lovely people on this forum, please l need direction.
I am a non EEA national married to an EEA national, we got married in 2013, we are having issues at the moment concerning the having children, l want to have a child but she doesn't and she's told me to leave if l want as she doesn't want to have a child.
My question is ,if l leave, what are my options concerning my immigration status? At the moment l have a 5 year residence card l got in 2014.

Your contributions will assist me.
Thanks

[noajthan]

Has sponsor/spouse been exercising treaty rights since you married?

Do you mean leave or divorce?

[Tarus77]

Yes EEA national exercising treaty right since married and l mean if we divorce.

[noajthan]

Yes EEA national exercising treaty right since married and l mean if we di
vorce.

If you hang on (married) until 2018 you may acquire PR.

If you can't wait and you divorce after 3rd anniversary then shoot for ROR.

[Tarus77]

But the date stipulated on my visa for renewal for PR is 2019.is it the marriage or visa that is counted toward PR?

[noajthan]

But the date stipulated on my visa for renewal for PR is 2019.is it the marriage or visa that is counted toward PR?

Marriage.

[Tarus77]

Thank you very much noajthan, l really appreciate you contribution.

[Tarus77]

I just got off the phone with European contact center, I was told that l can't apply for PR in 2018 when my marriage complete 5years because of the kind of visa( visitor's visa) l had before acquiring my residence card, that l have to Wait for my residents visa to complete 5years in 2019.
Pls is this right?

[Tarus77]

Pls someone in a similar situation should pls help me out .

[noajthan]

I just got off the phone with European contact center, I was told that l can't apply for PR in 2018 when my marriage complete 5years because of the kind of visa( visitor's visa) l had before acquiring my residence card, that l have to Wait for my residents visa to complete 5years in 2019.
Pls is this right?

They are incorrect.

A RC is optional, it grants no rights and is almost irrelevant.

If sponsor/spouse been exercising treaty rights since you married (as you have confirmed) then PR clock has been running since then.
PR will be acquired on 5th wedding anniversary if sponsor remains a qualified person;
(also assuming neither party has enjoyed prolonged absences from UK and also that you are still married to each other by 2018).

You can get it direct from horse's mouth, here:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

And in HO's own guidance, here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

[omonile]

Tarus77,Please listen to Oracle's on this forum, you will not be misled.