- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
A jobseeker is still considered as exercising treaty rights, for up to 6 months anyway. Even if still jobseeking in November that is less than 6 months.arleneauray wrote:Good morning please help. This end of November i will apply for permanent residence, i am married to eu national, he came to uk 2007, we got married nov. 2010. We are separated since 2014, my husband been working all this years except this 2015 theres a gap from june, july, aug as he left the country but hes back now end of August, he sign in in job centre this sept but still looking for a new job, im worried that it will affect my application as he has no job .... can someone help me pls... my visa will expire april 2016.
For (ex)husband it depends on his nationality; for example if he is from an A8 EU country, was he registered on WRS - there are questions like that to consider.arleneauray wrote:Omg thank goodness for that iam really worried about this, is it also my ex husband obtained pr automatically dince hes been in the uk since 2007? Thank very much well appreciated ur response
ok, sorry to hear that.arleneauray wrote:No we are not divorce, we are separated, we tried but the feelings is not there anymore, hes french and im asian.... he got a new partner but we talk and he will help me as we bought a property in my country and its in our name, so if i cannot get my pr i dont know how i will pay the mortgage as im the one whos paying this....
See http://www.newlandchase.com/nc_blog/art ... _residenceA person who is the spouse or civil partner of an EEA national, and who separates from that EEA national but remains married to, or in a civil partnership with them, cannot retain a right of residence under Regulation 10. They will, however, have a continued right of residence provided the EEA national spouse or civil partner continues to be a qualified person (i.e., a person exercising Treaty rights) living in the UK.
Where such a person wishes to apply for permanent residence in the UK, they would need to provide evidence to demonstrate that they had resided in accordance with the Regulations for a continuous period of 5 years. This would include evidence to demonstrate that the EEA national spouse or civil partner had been a qualified person throughout the relevant 5 year period, including during the months or years of separation.
Was he in employment in June July August? I know he left the country. If not was he registered as a jobseeker then?arleneauray wrote:Good morning please help. This end of November i will apply for permanent residence, i am married to eu national, he came to uk 2007, we got married nov. 2010. We are separated since 2014, my husband been working all this years except this 2015 theres a gap from june, july, aug as he left the country but hes back now end of August, he sign in in job centre this sept but still looking for a new job, im worried that it will affect my application as he has no job .... can someone help me pls... my visa will expire april 2016.
Should be ok...arleneauray wrote:No for 3months that outside uk hes not employed and he only sign in in job centre when he come back in uk this sept.
Ref: http://www.airecentre.org/data/files/EE ... r_2013.pdfContinuous residence is not affected by periods of absence for mandatory military service or by absence from the UK for a total of no more than six months in any one calendar year.
As posted earler:arleneauray wrote:Hi i got something to add to my husband details he sign in in job centre feb 2015 only for a month as he has no job then got a job march april may then left the country for 3 months and come back end of aug and sign in in job centre this sept.... is there any difference, am i still safe?
Nov and dec. 2014 - employed
jan 2015 employed
feb. 2015 - job seeker
march april may 2015 - employed
june july aug - outside uk
aug. 31 come back to uk
sept. - job seeker
i counted from November bec, thats when i got married. November 2010
Husband is permitted to take a 'holiday' & it was only 3 months this year. It should be acceptable.Continuous residence is not affected by periods of absence for mandatory military service or by absence from the UK for a total of no more than six months in any one calendar year.
All this assumes you are non-EEA national.arleneauray wrote:Hi one last question, my ex husband has been in the uk since 2007 does that mean he automatically obtained pr already, but he never applied residency.. does it mean he doesnt need to show exercising treaty rights? .,, sorry i just want to know...
If i apply this nov. Will it help if i will include his p60 from 2007 to present so that they can see that my ex already obtained pr..
thank you, it will enlighten me..
Once someone has PR they are settled and can just live in UK.arleneauray wrote:Sorry i just want to know, is it true once he (if) obtained pr he doesnt need to show exercising treaty rights....
It's now all about the quality of the application & the evidence you have in all the supporting documents to back up your application.arleneauray wrote:Omg nojhan thank you very much!!!