eea 4

[na2266]

Hi
I need some guide about immigration rules & Regulation
I am marriage with EEA Girl and we marriage 27th November 2009 (approximately 48 months) and now we are separated but no legal way (without any documentations), we are still marriage but no Communication, and she didn’t work during this time, I was worked with different companies but we did not apply for any benefits from UK Government
I got 5 years EEA Family resident visa which is expired in 2015.
I legally came in the UK 2005; my 10 Years will be completed in 2015.
My Question is:
Is this ok, if I apply for Permanent Resident (ILR) now and divorce also?
My 10 Years and Family Resident Permit will be finish in 2015

[EUsmileWEallsmile]

Please post only once as it can confuse people.

You appear to have two separate questions. For the EEA part, whilst you are married, you can remain in the UK provided that your spouse also remains there and is exercising treaty rights. You have no independent right of residence. Do you understand what this means?

[na2266]

can i apply PR before divorce ? becuase still i have 2 more years eea family's residence visa then i have option i can submit my PR application base on on 10 years legal residence in the uk or EEA 's Family residence which will expired in 2015 after 2 years.

Please post only once as it can confuse people.

You appear to have two separate questions. For the EEA part, whilst you are married, you can remain in the UK provided that your spouse also remains there and is exercising treaty rights. You have no independent right of residence. Do you understand what this means?

[Plum70]

To acquire PR under EU law you have to have resided in the UK in accordance with the regulations for 5 years. If you decide to go through with the divorce then, once you have retained your rights of residence, you will need to exercise treaty rights for another 2 years to qualify for PR.

Either way, whether wanting to apply for ILR (under the 10 year rule) OR PR under the EU rule, you will not become eligible before 27 Nov. 2014 at the earliest.

[EUsmileWEallsmile]

can i apply PR before divorce ? becuase still i have 2 more years eea family's residence visa then i have option i can submit my PR application base on on 10 years legal residence in the uk or EEA 's Family residence which will expired in 2015 after 2 years.

Please post only once as it can confuse people.

You appear to have two separate questions. For the EEA part, whilst you are married, you can remain in the UK provided that your spouse also remains there and is exercising treaty rights. You have no independent right of residence. Do you understand what this means?

If you have not already done so, please familarise yourself with dir/2004/38/ec - and if you don't understand anything, please post back.

[Obie]

Notwithstanding the fact you hold a valid residence card, lawful residence under community law is only considered as such, if the underlying circumstance giving cause to such rights continue to exist.

Therefore if you hold a valid residence card, but since it was issued, your wife has since stopped working, then you have not been residing lawfully. Except of course, the circumstance of her case, means she retain her status as worker.

[na2266]

To acquire PR under EU law you have to have resided in the UK in accordance with the regulations for 5 years. If you decide to go through with the divorce then, once you have retained your rights of residence, you will need to exercise treaty rights for another 2 years to qualify for PR.

Either way, whether wanting to apply for ILR (under the 10 year rule) OR PR under the EU rule, you will not become eligible before 27 Nov. 2014 at the earliest.

thanks for your reply but i am little confuse, my family visa will be expire 2015 so how are i can apply PR after 27 nov 2014? my marriage will be 5 years 27 nov. 2014 but visa will expire 2015.

[Obie]

You do not need to apply 5 years after your visa was issued, but rather 5 years after your marriage, provided of course your wife has been residing in the UK throughout that period as a qualified person.

In your case, it appears your wife is not a qualified person. The effect of this is, you may not even be able to qualify for PR on the 27November 2014, neither would you be able to qualify after 2015, as you will not be in the position to show that your wife has been exercising treaty rights throughout.