NON-EEA NATIONAL RETAINING RIGHT OF RESIDENCE

[aboudi]

dear all,

i wonder if anyone knows the answer to this. my friend is on a 5 year EEA family permit virtue of his marriage to his European wife and living in the UK. he is a non European national. He just celbrated his 3rd wedding anniversary and shortly after was caught cheating by his wife! so now she is leaving him. He has 2 years left on his EEA family permit. I know based on the EEA 2006 regulations he has the right to stay in the uk but my question is does he have to inform the home office when his divorce is final, or can he just carry on as normal and wait until the time comes to apply for permanent residence? your input would me much appreciated as there isn't much information on the BIA website on what needs to be done in such cases.

Thnx

[tasha_lili]

Dear Abouli
In what paragraph of the law was it stated that a Non EEA can stay under the rights of residency of EEA national> (EEA regulations, 2006 rights to stay in UK?? I know that you have to inform the homeoffice about the break up divorce. If you read the letters given by the homeoffice a non EEA have the rights to stay in UK under the EU regulations but under the circumstances that they are married.
I dont think you have a right to stay in UK then the divorce is final unless you have a child. ( or you on student visa) Then finally if you really love her, and it just was a mistake try to convince her and save your marriage, if not then I would suggest not to waiste each others time as a friend. Especially if you have a child think about whats best for the child. The child need a mother aswell as a father. kind regards tasha[/i]

[yankeegirl]

If the marriage has lasted at least a minimum of 3 years and at least 1 of those years the couple have resided in the UK, then yes, he can remain in the UK. Furthermore, if I remember correctly, he would cease to be a family member once the divorce is final.

Try doing a search on the forum; this topic has come up quite a few times and there as a lot of information available.

[aboudi]

Thanx for the answers guys. Just a reminder its not myself i am talking about i have applied for indefinite leave myself based on the 10 year route a week ago so i got my finguers crossed on this one and will let all of you know the outcome. My friend just needs to know when he gets divorced what is the procedure after that that, ie; does he carry on with his existing residence permit or he has to inform the home office in writing and apply for a new one? there isnt much information about this on the forum just threads that confirm the right to retained residence. Just to stipulate they did live together in the UK for 3 years while they were married. thanx again

[johnsienk]

<original post deleted>

[immigration1]

Under the 2006 Regs he would be able to retain the right of residency if he satisfies certain requirements. These are:

the marriage or partnership lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and

• the parties to the marriage or civil partnership had resided in the UK for at least
one year during the duration of the marriage or civil partnership, or

• the former spouse or civil partner of the qualified person has custody of the
children or a right of access to the children in the UK, or

• there are particularly difficult circumstances (such as domestic violence)
justifying the retention of the right of residence.

In such circumstances a family member retains a right of residence if:
(a) S/he is a non-EEA national but is pursuing activity which would make
him/her a worker or a self-employed person if s/he were an EEA
national,

(b) S/he is a self-sufficient person, or

(c) S/he is the family member of a person in the UK who is either a worker,
self-employed, or is a self-sufficient person.

BUT he would still need to make an applicaiton to the HO after the DIVORCE comes through. Remeber until this happens he is still married to an EU citizen under EU law.

[jango]

What the case would be in this situation, when can he apply for ILR or he has to wait for naturalization?

[sakura]

What the case would be in this situation, when can he apply for ILR or he has to wait for naturalization?

He qualifies for permanent residency (PR, NOT ILR, although they give the same status) at the end of the 5-year EEA permit. He cannot apply any sooner than that; so he has two more years remaining. A year after obtaining PR, and assuming he has passed the Life in the UK test, he can apply for naturalisation.

[Dangwenix]

Hi every one I have a question I'm planning to apply for PR next month I'm a non-EEA family member of EEA national,and I'm married and my wife her visa is the same with me I've been living here in uk for 7yrs now my wife she will be 5 yrs next yr my question is is it ok if I wll apply first for PR even my wife to she won't apply with me do I lost my status being a non EEA family member once I applied for PR and I'm worried that my wife won't get her PR next yr once I've got PR please any advice in getting stressed tnx.