EEA Retained right or Settled status ?

[loaiuk]

Admin please do you have any suggestion for me please ....

I came to this country in 2004 as a student
married to My ex EU GF in October 2009
Received EEA 5 yrs residence card in June 2010
separated from her in 2011 April
Still legally married ; not divorced yet officially

I can not apply for PR because there was break in employment in 5 years . she don't have permanent residence

She contacted me 2 weeks ago asking for divorce but i'm worried after divorce i won't get ROR because she is not working .

honestly i don't know when she will go back to work.

what is my status in this country now .. am i an illegal ?

[Obie]

What is her employment history?

[loaiuk]

What is her employment history?

came to this country April 2008
DECEMBER 2008 -- June 2010 ( in hospitality industry )
June 2010 -- April 2011 ( she was self employed , didn't pay TAX only NIC )
APRIL 2011 -- until July 2013 /2014 ... i can't remember until when she worked

my biggest concern is self employed . june 2010 - april 2011 because she was a cleaner and she only worked part time so never paid tax but paid NIC EVERY 1/3 MONTHS

What can i do if she don't help me with the documents .

[loaiuk]

Few people will remember me from 2012 - 2014 now I am back

I was married to an EU national 9 years ago and still legally married but we are no longer living together since 2014

My EEA RC expired 2 years ago but my employer didn’t notice now my company is sold to another company and they want to see my right to work documents

I started communicating with my Ex wife about divorce and I want to do it quick . She is not working since 2014 and she is not a permanent resident holder . She is dependent on her partner

So what is my immigration status in the U.K.

Am I a illegal ?
Do I have right to reside ?
Do I have right to work ?
Should I start divorce proceeding ASAP or I should wait until March 30 / 2019 to apply for settled status

Sorry for long message / thank you

[loaiuk]

So guys my 5 years RC expired 3 years ago before my ex wife left me for someone else . We are still legally married but separated

Applying for PR won’t be easy because she wasn’t exercising treaty right continuesly for 5 years

Anyway I spoke to her today and she told me she will go back to work part time soon but I can’t trust her because she is telling me this since 2015

Question :
Should I start divorce proceeding now and then apply for ROR

Or

Wait few months and apply for settled status ?
She said she will apply for settled status

You will only get settled status if your wife was exercising treaty rights. I am not sure what you have been told. But the information is clearly inaccurate.

You need to get her to commence employment, before the start of divorce proceeding, otherwise you will be in significant difficulties.

[CR001]

Topics Merged (please click to read)

[Obie]

You will only get settled status if your wife was exercising treaty rights. I am not sure what you have been told. But the information is clearly inaccurate.

You need to get her to commence employment, before the start of divorce proceeding, otherwise you will be in significant difficulties.

[loaiuk]

Obie : “You will only get settled status if your wife was exercising treaty rights “


Obie in the EU settled status you have to just confirm 5 years residence in the UK . The statement of intent confirms that continuous residence simply means having lived, or living, in the UK. EU nationals will not need to show that they have been working, studying or held Comprehensive Health Insurance (a big issue for many people refused permanent residence documents in the past).

If the checks indicate that the applicant has been continuously resident in the UK for a period of five years, they will be granted settled status.

https://www.gov.uk/settled-status-eu-ci ... led-status

[Obie]

For a variety of reasons I will suggest you are regularise you status before the settled status comes into effect.

[loaiuk]

For a variety of reasons I will suggest you are regularise you status before the settled status comes into effect.

Obie thanks a lot ..

I have private comprehensive insurance since 2013 . Can I also buy comprehensive insurance for my wife and get divorce and apply for ROR ? I can’t trust her anymore she will go back to work soon . I think her current partner doesn’t allow her to work or she is too lazy

[Obie]

I think you need to handle you own future. Take your future into your own hands. If UK and EU do not reach an agreement, you will face significant difficulties. Furthermore if UK implement a system of inquiring whether a person had a right of residence before EU jurisdiction ceases in the UK, then you will face many difficulties.

One of the criteria for self-Sufficiency is CSI, but it is clearly not the only requirement.