EEA divorce

[BILL33]

hi, can any body advice me about my case. i got married in 2010. First time i applied for residence card as eea family member but got refused because of my wife work.They were saying, they couldn't verified my wife work. Then i applied 2nd time for eea family permit and again got refused with same reason. First two times, i applied through solicitors. On third time, i applied myself and this time my application was successful got visa in December 2013.
My question is, i'm having problem with my wife and she doesn't want to live with me any more. We are most likely going for divorce. Can any body advice me. Am i be able for ROR visa if i got divorce. I'm non-EU national.thanks

[BILL33]

hi, can any body advice me about my case. i got married in 2010. First time i applied for residence card as eea family member but got refused because of my wife work.They were saying, they couldn't verified my wife work. Then i applied 2nd time for eea family permit and again got refused with same reason. First two times, i applied through solicitors. On third time, i applied myself and this time my application was successful got visa in December 2013.
My question is, i'm having problem with my wife and she doesn't want to live with me any more. We are most likely going for divorce. Can any body advice me. Am i be able for ROR visa if i got divorce. I'm non-EU national.thanks

[sheraz7]

Where were you married in 2010 either in UK or abroad? Have your EU national partner been exercising her treaty rights since 2010?

If you were married in UK and your EU partner can at least help you with her treaty rights evidences & passport regardless of you living together or not then you may proceed to permanent residence application in this year.

[BILL33]

we married in UK and i was on PSW visa. We were living together since 2010 and she was working all along. how can i apply for permanent visa because i got visa about 1 and half year ago,

[sheraz7]

The time will start from the date when you were married to EU national regardless of when you were issued eea2 RC. I think you should try for Permanent residence if your partner help you.

[sagareva]

firstly, eea marriage lasts until divorce, so living together or not, for eea regulations purposes your marriage is good until the gavel falls (and a decree final and absolute is issued in divorce proceedings)

secondly if you did get divorced sounds like you will qualify for ror most likely

thirdly, it is true that you can try to PR directly because time will start from the time of your marriage. when you got rc is irrelevant.

however, in your case it will not really be from your marriage because you were here on psw -- under the immigration rules, not eea rules

so your 5 years start form the moment when all 3 were true at the same time
1. you were married
2. you were physically here and relying on EEA regulations for your residence
3. your wife was excercising treaty rights

and (3) needs to be continuous for 5 years you are claiming so you need to cure whatever evidential deficiency led to your first refusal(s) or start the period at a later time

[askmeplz82]

Wrong. 5 years for PR START from the date you are married. It really does not matter what was your immigration status .

[anujmalhotra13]

Hi I need help in my friend divorce. he got married in UK at 2008 with EU national girl. he applied visa on 2009 and they rejected as she wasnt excising her right as she wasnt working at that time under WRS scheme. he went to India back and then 2010 he came here UK 2010 on tier 2 Visa and he changed EEA card 2011 valid till 2016. he have one kid 3 years old as well. his wife worked from 2010 till 2014 and now she went back to her country and what he can do? Can he Apply Retained of right or how many chances he can have that?

[Obie]

Has he got a divorce?

His case seems complicating as she has left.

[azdjani2012]

hey sorry for late reply, well ur ready to get ur ILR, mean you dnt need ROR now, u have to apply for Residence Permit, its almost 5 years now, what u need to do is, get ur wife pay slips and employment letter etc, the more information u will have the easy u will get, second if u cant find her employment info then u really need get a gud solicitor who can request her job status from HMRC,

or there is other-way try to convince her back its harsh but u need her, and there is one more way which is easy, but i cant descirbe here PM i will tell u in detail, and dnt worry am not socilitor i am just a normal person who help others bcoz once i was in same position where u all r now