imran2006 wrote:Hi
PLEASE.......PLEASE.......PLEASE.......PLEASE.........PLEASE..... HELP ME M STRESSED AND CONFUSED
I came to uk as a student 29 sep 2006 done my degree changed to post study work and in the mean while I had a Polish Girlfriend as well i was not marrying at that time but when my hsmp visa refused in 2010 feb but applied for tribunal while my case was in court ...and I got married
so I was leaving UK but my girlfriend really insisted and I got married in sep 2011 and got visa july 2012 til july 2017.
now we have been married since sep 2011 its been 4 years now and the problem is we are having too many problems fighting 20 times in a week now we are at point where we cant live together anymore and applying for divorce in few months we are separated.
In june 2014 I went to my homeland a my mom was not feeling well and too many problems back in my country as well so I was stucked with my family problems and spent 14 months and came back to UK august 2015.
Now the question I am asking am I eligible for indefinite on 10 years route as I am having gap of 1 and a half year.the other question is if not if i apply for divorce am i eligible for permanent residence?
I am too stressed and confused been to solicitor asking for advice but he said you indefinite route is not the right thing because of gap as my hsmp visa was refused but still at that time they gave me a letter of temporary admission and he recommends EEA4 route.
I can leave the details below please guys I need your help I know in this board people are really really experts been searching from laast one year but this is the time please guys I really need help.
came to Uk student: sep 2006
Post study work
Hsmp applied refused in feb 2010 and appeals till 2011
Married EEA sep 2011
Spouce visa granted july 2012 till july 2017
Points to be noted I have all the proofs of work,bills,agreements my wife is self employed and paid the total taxes and me too no worries about work no benefits claimed.
Whats the best option for me if i apply for divorce...i THINK DIVORCE MEANS RETAINED RIGHTS OF RESIDENCE
I just want to apply PR thats it please again help me if any question i can explain I will be waiting for reply
Based on your timeline it appears too early for PR yet.
As a non-EEA national and spouse of an EEA national you are still considered a family member even if there is a marital breakdown/separation
as long as the EEA national continues to exercise treaty rights in UK.
So for now you continue to have a right of residence in UK until such time as any planned divorce is finalised; (ie a Decree Absolute is obtained).
However, you (as a non-EEA national) will lose the right of residence if the EEA national leaves the UK, unless you qualify for a retention right of residence.
So, If divorced, retained rights of residence appears an appropriate way forwards based on your stated facts.
If can demonstrate 3 years of marriage (to same person) and at least 1 year of married life in UK whilst your spouse (an EEA national) was a
qualified person exercising treaty rights in UK then you can apply for RoR.
fyi - a
qualified person is one of the following: worker, self-employed, jobseeker, student or self-sufficient person.
That will stabilise your position.
See
https://www.gov.uk/family-permit/retain ... -residence
If you remain in UK, when you have been in UK 5 years you might then automatically acquire PR; (that is
settled status).
The 5 years qualifying time period would be made up of:
some period of earlier married life in UK as the dependent family member of an EEA national
plus the RoR status (if granted).
When calculating the 5-year period, you will need to investigate the impact of your absence from UK for over 12 months.
After holding settled status (PR) for 12 months you could apply for the privilege of citizenship (assuming that all other requirements for naturalisation) can be met.
Good luck.
