ILR question for eea national

[Metalbee]

Hi there.
Me and my husband (both Romanian) have been working in the UK since 2011. In 2012 he received his yellow card ( for self employed) and I the the blue one for dependent. I have been worked as employed because of that blue card since then. In 2014 the working restrictions were lifted and there was no need for those cards anymore.
In 2015 we separated for about half an year and planed to divorce. (Hmrc was informed) . Thankfully things did work out and we are still together.
Now, because of all the Brexit madness, we decided to apply for indefinite leave to remain. He will get it for sure. But the big issue is with my application.
Because I worked on the dependent card for those years, that would make me a dependent on the application, wouldn't it?
And I am thinking because we didn't live for 5 years continuesly due to that separation, that will make my application be rejected, right?
Could I still apply separately, not as a dependent, since I have more than 5 years working in the UK ? This year or in 2019?
The law side of this really escaped me.
Thank you

[noajthan]

Hi there.
Me and my husband (both Romanian) have been working in the UK since 2011. In 2012 he received his yellow card ( for self employed) and I the the blue one for dependent. I have been worked as employed because of that blue card since then. In 2014 the working restrictions were lifted and there was no need for those cards anymore.
In 2015 we separated for about half an year and planed to divorce. (Hmrc was informed) . Thankfully things did work out and we are still together.
Now, because of all the Brexit madness, we decided to apply for indefinite leave to remain. He will get it for sure. But the big issue is with my application.
Because I worked on the dependent card for those years, that would make me a dependent on the application, wouldn't it?
And I am thinking because we didn't live for 5 years continuesly due to that separation, that will make my application be rejected, right?
Could I still apply separately, not as a dependent, since I have more than 5 years working in the UK ? This year or in 2019?
The law side of this really escaped me.
Thank you

Welcome.
And relax.

First things first, you are in the frame for PR (not ILR) as you are on EU migration route.

And despite the separation you are still in the game.
Glad you made it.

You may still have acquired the holy grail of PR as you have remained married (to each other).
And cohabitation is not mandatory under EU law.
Yes, free movement really is that free and easy.

So suggest assemble all evidence. Rock-solid evidence.
Have a go at filling out the 'monster' PR form.
You can apply as sponsor/hubby's direct family member; same form.

You will need good documentary supporting evidence:

• ids;
  relationship;
  residence in UK (both of you);
  absences from UK (both of you);
  exercise of treaty rights (hubby);

See how it all shapes up.

And yes, very prudent to secure confirmation of your status in UK with all the wild talk of Brexit and one thing and another.

Takeaway
Keep calm and carry on completing the form.

[Metalbee]

Thank you so much for your answer.
And I have another question, I hope it won't sound stupid, if we apply together, if I will get the refusel, will husband get automatically refused as well?

Thank you again.
And have a lovely day !

[noajthan]

Thank you so much for your answer.
And I have another question, I hope it won't sound stupid, if we apply together, if I will get the refusel, will husband get automatically refused as well?

Thank you again.
And have a lovely day !

It depends on the reason for the refusal.

If hubby (sponsor) was not a qualified person then the dependent's application also would fail.

But it would be possible for hubby to succeed and yet have the dependent fail
for example: perhaps for lack of proof of id or of relationship or of proof of residence in UK/absences from UK.

[Metalbee]

Thank you so much for your answer.
And I have another question, I hope it won't sound stupid, if we apply together, if I will get the refusel, will husband get automatically refused as well?

Thank you again.
And have a lovely day !

It depends on the reason for the refusal.

If hubby (sponsor) was not a qualified person then the dependent's application also would fail.

But it would be possible for hubby to succeed and yet have the dependent fail
for example: perhaps for lack of proof of id or of relationship or of proof of residence in UK/absences from UK.

Good to know.
Thank you!

[noajthan]

Moved to EEA forum