ILR Application

[vinny]

Originally we were going to apply for permanent residence however, my wifes previous partner would not allow her to have his passport to make the application.

Go ahead with your original idea.

If she retained her rights of residence after her divorce, then her marriage to you is not relevant to her EEA4 application under the EEA regulations.

[Obie]

The suggestion from the person that she spoke to today regarding the EEA route was that she could not apply for that any longer as she is now married to a british national and it is now a matter of immigration.

If we go down the FLR(FP) route would that restrict her from working whilst under consideration?

Those people on the phone are customer service assistance. You are best advised to ignore anything they tell you. At the very list take it with a pinch of salt.

[Linor2007]

Am I right in assuming that as my wife was granted the residence card (in form of a stamp in her passport) that she has retained the right of residence, the marriage lasted for longer than three years, they resided in the UK for more than 1 year, she is employed in the Uk and therefore self sufficient?

is that a fair assumption?

[vinny]

Working and self-sufficient are separate categories.

Additionally, in her case, all sections of 10(5), including 10(5)(a) and 10(5)(b), relating to her ex.

[Obie]

Am I right in assuming that as my wife was granted the residence card (in form of a stamp in her passport) that she has retained the right of residence, the marriage lasted for longer than three years, they resided in the UK for more than 1 year, she is employed in the Uk and therefore self sufficient?

is that a fair assumption?

Requirement of 10(6) will be met as required by 10(5)(c), if she can show self sufficiency or employment.

However the substantive requirement in 10(5) (A) and (B) as cited by Vinny, will need to be met aswell.

[Linor2007]

10(5) a and b are both met, she stopped being a family member and she was residing in the UK at the time of the termination and the decree absolute was granted in Northern Ireland and she can show employment.

None of you guys based in Northern Ireland - you have been a greater help in two days than our solicitor has been in 6 months, on that, do we have any recourse against the solicitor for their incorrect advice?

[Obie]

Unfortunately i don't live in Northern Ireland. Use to live in the South Several years back.

I think my concern is 10(5)(b).

Was the spouse in the UK working at the time of the divorce.

If not, she will have difficulty demonstrating that she was living in the UK in accordance with the regulation on termination of the marriage.

The Law Society in N. Ireland may be able to help.

In England and Wales we have the SRA.http://www.lawsoc-ni.org/publications/regulations-/

[Linor2007]

The spouse in the UK was self employed at the time of the divorce and we have evidence that we can provide as part of the application.

[Obie]

Then there is a decent prospect of success under the regulations, if her case is presented properly.

No need for her to go back home. She will be permitted to work during the process.

[Linor2007]

If the case is presented properly.... would you suggest us continuing to use a solicitor to ensure that the case is presented properly?

Is there any issue with the fact that her residence permit ran out in June 2014 (although we had applied in April 2014).

[vinny]

Is there any issue with the fact that her residence permit ran out in June 2014 (although we had applied in April 2014).

As EEA residence documents are not compulsory requirements, I don't see how their dates of expiry matter. She may have attained PR automatically already, if she met all the requirements. Applying for EEA4 is just getting confirmation to show paranoid employers, Immigration Officers, landlords, hospitals, GPs and banks, etc. It's also required for naturalisation.

[Obie]

I concur. The court has ruled in several cases notably MRAX and Royers, that resident permit don't confer rights.

That rights exists independently of a Residence permit.

[vinny]

Moreover, applying for naturalisation after her 5-year residence, given that you are British, probably has better prospects of success than a SET(M) application.

[Linor2007]

Hi Obie and Vinny. Just want to thank you for being helpful to my husband and for answering his queries. HO granted my application for PR and they are pretty quick in processing it, about 3 months. We're planning now to apply for my naturalisation