RU55IAN wrote:Thank you for your reply!
During our marriage I only worked for 1.5 years. All other time I did not work officially. Before we got divorced I had my private medical insurance and since then (september 2013) I have been self-sufficient.
Someone told me that because I cannot provide evidence of me working for 5 years continuously I cannot therefore apply for PR.
But I see it in a different way:
1. During marriage to an EEA national I was not required to work as I was considered as a dependant.
2. Before we divorced I had medical insurance and was self-sufficient and remain to be one at present.
So, from where I stand I too believe that I can apply for PR but someone confused me. And to me it sounds unbelievable that years of marriage do not count towards me receiving PR.
Read this policy from HO about PR after ROR.
Dear Malik,
Thank you for your email of 6 May 2013 to the Home Office Freedom of Information Team regarding retained rights of residence under European Union law. I apologise for the delay in replying to you.
We are treating your email as a general policy enquiry, rather than as a request for information under the Freedom of Information Act 2000, as you have not specifically requested the release of documents or information held by the Home Office.
I will answer your questions in turn.
1. The person would have a right to reside in the UK under regulation 14(3) of the Immigration (European Economic Area) Regulations 2006 ('the EEA Regulations') for as long as they meet the relevant conditions under which the residence card was issued. For example, a non-EEA national who has retained a right of residence following divorce from an EEA national would need to be in the UK as a worker, self-employed person, or self-sufficient person (or the family member of such a person) in order to continue having a right to reside on this basis.
After five years continuous lawful residence in the UK (this can include time spent in the UK with a right to reside as a family member and time spent with a retained right of residence), the person would normally acquire permanent residence under regulation 15(1)(f).
A person with a right of residence under the EEA Regulations does not require leave to enter or remain in the UK under the Immigration Act 1971.
There is guidance on how we interpret the Regulations relating to retained rights of residence in Chapter 5, Section 4 of our European Casework Instructions (ECIs), which you can access via the following link:
http://www.ukba.homeoffice.gov.uk/siteco.... You can also access the EEA Regulations through this page.
2. A non-EEA national with a retained right of residence under the EEA Regulations would not be able to sponsor an application from other family members under the Regulations. Where the non-EEA national has acquired permanent residence in the UK (see above), they may be able to sponsor applications from other family members under the Immigration Rules. For example, a non-EEA spouse may be able to apply for entry clearance as a partner under Appendix FM to the Immigration Rules.
You can access the relevant Rules via the following link:
http://www.ukba.homeoffice.gov.uk/policy...
3. Following a successful application, the applicant would be issued with a residence card endorsed with the words "family member of an EEA national". This is line with Article 10(1) of Directive 2004/38/EC (which you can access via the ECI index page given above).
They would also be issued with a leaflet confirming the basis on which the card was issued and the conditions the person must meet to retain their right of residence.
I hope this has answered your questions. If you require any further information or clarification, please do not hesitate to contact us at this email address.
Yours sincerely,
European Operational Policy Team
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