Right of residence

[Mannygreen]

Hello,

I am an EEA National ( also British citizen ) married in Malta in 2007. My wife is a non EEA national. We came to Uk in 2012 ( because we were married in Malta I had to exercise my right as a treaty worker even though I am a British citizen). We will soon proceed with a divorce in Uk.
After the decree absolut is in hand, what form would my wife need in order to stay in the Uk? Is it the Right of Residence form? She is in employment and can support herself.

Any help is appreciated.
Thank you.
E

[Mannygreen]

I know it seems straight forward but I just want to have her apply for the correct EEA form. She is a bit insecure and needs reassurance with these things.

Thanks

E

[Casa]

ROR

[Mannygreen]

CASA, Thank you for your help.

[Casa]

Welcome. Come back if you have any further queries.

[Mannygreen]

CASA,

The ROR form.... how can I find this on the gov.uk website. Has the system changed and the forms under a new name? Thanks

Emanuel

[Casa]

CASA,

The ROR form.... how can I find this on the gov.uk website. Has the system changed and the forms under a new name? Thanks

Emanuel

This should be it:
https://www.gov.uk/family-permit/retain ... -residence

[Richard W]

I know it seems straight forward but I just want to have her apply for the correct EEA form. She is a bit insecure and needs reassurance with these things.

I don't blame her for feeling insecure. Is she covered by Surinder Singh, or by the misapprehension that dual national British/non-British EU nationals had a right to the privileges of non-British EU nationals (the 'Irish route')? The Irish route for dual nationals was terminated in 2012, with transitional arrangements for existing beneficiaries, though probably after you arrived, so you might have been using that. I trust she hasn't simply been apparently covered by concealment of the fact that you're British.

[noajthan]

Hello,

I am an EEA National ( also British citizen ) married in Malta in 2007. My wife is a non EEA national. We came to Uk in 2012 ( because we were married in Malta I had to exercise my right as a treaty worker even though I am a British citizen). ...
...
Thank you.
E

Did spouse have a UK-issued RC issued in or before 2012?

[Mannygreen]

Thank you all for your help during my previous posts. I have another question that I would like to ask..It is of a sensitive nature. When my wife was in Malta before we got married she was using her maiden name (family name), she overstayed by a few weeks and was deported. She then changed her surname (by legal deed) and then re-entered the country. After a short time we were married and the story is as you know (divorce on the way hopefully)
Was this an illegal procedure? (I am asking as this would possibly nullify my marriage, or would it?)

Thanks

Emanuel

[noajthan]

Thank you all for your help during my previous posts. I have another question that I would like to ask..It is of a sensitive nature. When my wife was in Malta before we got married she was using her maiden name (family name), she overstayed by a few weeks and was deported. She then changed her surname (by legal deed) and then re-entered the country. After a short time we were married and the story is as you know (divorce on the way hopefully)
Was this an illegal procedure? (I am asking as this would possibly nullify my marriage, or would it?)

Thanks

Emanuel

No idea about the name swap. Did wife re-enter Malta on a legitimate passport?

If you remain married until 2017 wife may acquire PR simply by virtue of residence in UK for 5 years.
(Under EU law its not necessary for even a married couple to co-habit).
That is assuming you successfully completed Surinder Singh route via Malta and wife has a UK RC issued on that basis?

[Mannygreen]

The procedure was legal and the passport was legitimate.

[Mannygreen]

Just read the Surinder singh case, yes we went via this route and she has a Uk RC.

[noajthan]

Just read the Surinder singh case, yes we went via this route and she has a Uk RC.

So as a retuning SS-er you don't need to exercise treaty rights (ie in your own country);
- accordingly, the dependent family member/spouse just needs to live here.

If that works out until 5th anniversary of your return to UK wife should acquire PR.
(Assuming no prolonged absences from UK in past 5 years).
Otherwise its finalise divorce and then she applies for a ROR RC.