Divorce: EEA Route

[Marco1]

Hi all

I opened this topic for all who needs to divorce.

I am non EEA, my relationship with my wife has been broken and we need to start divorce procedure. After 1,5 month will be 5 years for our marriage. For PR application shall I start divorce or shall I wait until it will be 5 years? Please, If anyone knows about it.

Thank you all.

[Casa]

Is your wife exercising her Treaty rights by working and if so, for how long?

[Marco1]

Hi Casa
Yes, She is working since our marriage started, my wife exercising her treaty rights.

[noajthan]

Apply for confirmation of PR before you divorce. Much simpler.

That is assuming both you and spouse/sponsor have been in UK for at least 5 years with no prolonged absences from UK in that time.

[Marco1]

Hi Noajthan

Thanks for answer. I wish I can apply for PR but I can't. She wants divorce because she found another man.

[noajthan]

Hi Noajthan

Thanks for answer. I wish I can apply for PR but I can't. She wants divorce because she found another man.

What's stopping you if you are still married?

You don't ,apply for PR', you apply for confirmation of the PR you will acquire automatically on 5th wedding anniversary if wifey has been a qualified person for 5 years.

[Marco1]

Yes, still I am married but after 1,5 month will be 5 years for our marriage.
Now I can’t apply for confirmation of the PR because I have to start divorce and by law I need to inform UKBA because our relationship is ending. Afterwards when UKBA know that I started divorce they will reject my application. Is that right?

When shall I start divorce now or when 5 years completed? when I will get Decree Absolute can I apply for confirmation of the PR?

[tony04]

you can divorce her now as long you have spend three years together.That should not be a problem if u want to get ur PR.

[Marco1]

Thanks tony04, So I can start divorce now and when I will get Decree absolute I will apply for confirmation of the PR but I read here https://www.gov.uk/apply-for-a-uk-resid ... dence-card
It says, I can get PR only If I lived with my EEA partner continuous 5 year period or I need to get first retained right of residence and then PR?
Sorry If I got it wrong.

Here is what I found:
5. Permanent residence card
You can apply for a permanent residence card after you’ve lived in the UK for 5 years. This will prove your right to live in the UK permanently.

Eligibility
You’re eligible if both:
- you’ve lived with your European Economic Area (EEA) family member in the UK for a continuous 5 year period
- your EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence.

[Casa]

For immigration purposes you are considered to be married until the divorce decree absolute has been granted. Divorce in the UK (even when both parties agree) can take many months.

Under the EEA Regulations you are not required to live together.

I suggest you take noajthan's advice and apply for PR before the divorce is finalised as after all, you are only short of 1.5 months for your 5 year qualifying period.

[noajthan]

Yes, still I am married but after 1,5 month will be 5 years for our marriage.
Now I can’t apply for confirmation of the PR because I have to start divorce and by law I need to inform UKBA because our relationship is ending. Afterwards when UKBA know that I started divorce they will reject my application. Is that right?

When shall I start divorce now or when 5 years completed? when I will get Decree Absolute can I apply for confirmation of the PR?

We know the regulations, it is you who needs to understand them.
Once you have a decree absolute you are in ROR territory. But you have a chance of confirming the holy grail of PR status before all that.

What is more important, securing your status in UK or cutting loose of that spouse?

Under EU law you are married until divorce absolute.
Save your self a world of pain and uncertainty, apply for confirmation of PR asap - in "1,5 months" time.

Start collecting your evidence including documents from partner now. This evidence needs to be rock-solid.

And in immigration (just as in divorce) it helps to know who you are dealing with.
For immigration its UKVI/HO; UKBA was abolished years ago.

[Marco1]

Thank you all for your help and time. I really appreciate it.
It was difficult to find one topic about divorce. Who needs to divorce and has a question please use this topic, it will help others. Thank you.

[noajthan]

These are not unusual questions and if your post is hijacked by others it will result in a confusing jumble.