Permanent Residence

[palhares]

Hello, hope someone can help me with some answers. I have been living in UK for 9 years now, I was in a student visa for 4.5 years and then I got married, my wife is from a EEA Country and then I got the 5 years residence visa. Now my residence 5 years is expiring in a just a few months and we are having lots of arguments and every time she says that she is not going to helo me to get my permanent residence. is there a way I can apply on my own? Do I really need her to get my permanent residence? If she does not help me, do I have to just leave the country even though we are married and my life is now here? Would be very grateful for any piece of information that would help me.

[Wanderer]

Hello, hope someone can help me with some answers. I have been living in UK for 9 years now, I was in a student visa for 4.5 years and then I got married, my wife is from a EEA Country and then I got the 5 years residence visa. Now my residence 5 years is expiring in a just a few months and we are having lots of arguments and every time she says that she is not going to helo me to get my permanent residence. is there a way I can apply on my own? Do I really need her to get my permanent residence? If she does not help me, do I have to just leave the country even though we are married and my life is now here? Would be very grateful for any piece of information that would help me.

I pretty sure ur residence is permanant, after about three years ISTR. I think ur clear to apply for BC now if u want, not sure how u stay on RP, maybe apply for another? Whatever ur wife says has no bearing.

[sakura]

Slightly incorrect, wanderer.

Palhares, your wife cannot do anything about your immigration status. For a non-EEA national to keep their residence permit (and thus qualify for permanent residence), they must have been married to their EEA national spouse for three years. Follow the links on vinny's post in this thread

http://www.immigrationboards.com/viewtopic.php?t=19529

and you will see that, if after at least three years on the EEA FP your marriage breaks down (specifically divorce), the non-EEA national has the right to retain the FP. So, after the five years, you qualify automatically for permanent residency. I don't think you need your wife's help or permission, but documents (living together and marriage certificate) and proof of residency in the UK would help you. But your wife has nothing to do with it.

I suggest you do this to get the sticker to confirm your status. Wanderer wrote suggesting you can apply for naturalisation now...I do not think that's correct. You need to wait 12 months before being eligible...and of course pass the Life in the UK Test.

What countries are you and your wife from?

[VictoriaS]

sakura...not quite right!


The Rights of Residence rules to which you refer ONLY apply when the couple have divorced (or have at least been granted a Decree Nisi). Otherwise, the non-EEA national needs to prove that his spouse has been in the UK for 5 years, or else the application will be refused.

You need to get these documents - old bank statements, P60's, whatever you can find.


Victoria

[sakura]

sakura...not quite right!


The Rights of Residence rules to which you refer ONLY apply when the couple have divorced (or have at least been granted a Decree Nisi). Otherwise, the non-EEA national needs to prove that his spouse has been in the UK for 5 years, or else the application will be refused.

You need to get these documents - old bank statements, P60's, whatever you can find.


Victoria

To be sure, I wrote about the divorce bit and I agree completely with you - but it doesn't help him at all? What I meant was that his wife cannot say to him "you won't qualify without me", because what he needs now are documents, which he can get without her, I think, to apply.

If she refuses to help, it's not like he'd be forced to leave the UK, is it?

[palhares]

Hi and thanks. I am from Brazil and she is from Spain. I have all my documents, like bank statments from about 9 years ago, I am very organized but she is not, that is whay I am a bit worried.

[palhares]

Hi again, can someone tell me how to apply by myself, without my wife? Is there a form for it?

[sincere2007]

Slightly incorrect, wanderer.

Palhares, your wife cannot do anything about your immigration status. For a non-EEA national to keep their residence permit (and thus qualify for permanent residence), they must have been married to their EEA national spouse for three years. Follow the links on vinny's post in this thread

http://www.immigrationboards.com/viewtopic.php?t=19529

and you will see that, if after at least three years on the EEA FP your marriage breaks down (specifically divorce), the non-EEA national has the right to retain the FP. So, after the five years, you qualify automatically for permanent residency. I don't think you need your wife's help or permission, but documents (living together and marriage certificate) and proof of residency in the UK would help you. But your wife has nothing to do with it.

I suggest you do this to get the sticker to confirm your status. Wanderer wrote suggesting you can apply for naturalisation now...I do not think that's correct. You need to wait 12 months before being eligible...and of course pass the Life in the UK Test.

What countries are you and your wife from?

Would you plz tell me if you have any kids from your wife.if you have any kid then you can get contact visa which is for one year and after one year you can apply for ILR.This make your case strong.
BJ

[John]

Whilst it would assist knowing if the couple have any children, I absolutely disagree with :-

if you have any kid then you can get contact visa which is for one year and after one year you can apply for ILR.This make your case strong.

Totally irrelevant to an EU/EEA situation.

palhares, do please post if you and your wife have any children. Also, in what way is your wife exercising her EU Treaty Rights? Is she working? A student? Or what?

[palhares]

Thanks for your help, well we do not have any children and she works and also studies here but not a normal full time job. She holds part time jobs while studying. I, on the contrary always have had a full time job. she also travels a lot and sometimes do some free lance work in Spain and France.
Well any help is very wellcome. If there is a way I can apply be myself it would be great.
Thanks a lot