EEA2 permanent resident holder, now got divorced to my wife

[denzel74]

Hi Everyone,
I really need some clarification about my case...
I got married to a french national in France and then we moved in the UK where I applied for EEA residency that was issued since november 2006 for 5 years (so till nov 2011).

But the only thing is that the HO issued that in my passport which will run out on november 2010, so there'll be a gap of a year where my EEA resident still valide will be on a passport that expired...

My question is, can I still get a new passport and then carry on me both passports ?

Also, the other question is, are there any impact for me to apply for the Indefinite Life To Remain in the UK after the 5 years ?

[86ti]

It is not clear to me why you think you have permanent residence if your (first?) residence card was issued Nov 2006. EEA2 is the name of the application form for that. For PR you would have to fill out form EEA4.

I think the UK is fine with the two passports but if you need to apply for visas at other embassies they may insist on having your RC in your currently valid passport.

[Wanderer]

You need to have been married for three years and one year in UK in order to retain ur PR.

[sakura]

Hi Everyone,
I really need some clarification about my case...
I got married to a french national in France and then we moved in the UK where I applied for EEA residency that was issued since november 2006 for 5 years (so till nov 2011).

But the only thing is that the HO issued that in my passport which will run out on november 2010, so there'll be a gap of a year where my EEA resident still valide will be on a passport that expired...

My question is, can I still get a new passport and then carry on me both passports ?

Also, the other question is, are there any impact for me to apply for the Indefinite Life To Remain in the UK after the 5 years ?

How long did you live in France (living together and/or married), and when did you move to the UK? When did you and your wife divorce? Is she still in the UK?

[Plum70]

It is not clear to me why you think you have permanent residence if your (first?) residence card was issued Nov 2006. EEA2 is the name of the application form for that. For PR you would have to fill out form EEA4.

\
The OP will attain PR automatically after 5 years residence in the UK as they stated. Lodging the EEA4 application is pure formality as i'm sure you know.

I think the UK is fine with the two passports but if you need to apply for visas at other embassies they may insist on having your RC in your currently valid passport.

France, The Nederlands and Germany (to name a few) are fine for the applicant to present both old and new passport in order to obtain a schengen visa.

[86ti]

It is not clear to me why you think you have permanent residence if your (first?) residence card was issued Nov 2006. EEA2 is the name of the application form for that. For PR you would have to fill out form EEA4.

The OP will attain PR automatically after 5 years residence in the UK as they stated.

See the title of the thread.

I think the UK is fine with the two passports but if you need to apply for visas at other embassies they may insist on having your RC in your currently valid passport.

France, The Nederlands and Germany (to name a few) are fine for the applicant to present both old and new passport in order to obtain a schengen visa.

Did you ask these embassies? The Dutch write 'valid passport' in the travelling with/joining case. Would be interesting if they would have different rules when EEA nationals travel alone.

[Plum70]

See the title of the thread

Saw that. Retention of ones rights of residence leading to PR after a divorce are provided for under EU law provided certain conditions are met.

Did you ask these embassies?

Don't have to. You can read it in black and white on their websites.

The Dutch write 'valid passport' in the travelling with/joining case.

For short stay visas where non-EEA spouse is not travelling with or joining EU spouse they also say: "If you have new passport, please submit the old one as well. Your residence permit should be endorsed in your current valid passport or, in case your residence permit is endorsed in your old passport, please submit that one as well..."

The French say: "As per the international practice, the UK visa must be endorsed in your actual passport. However, if your residency stamp is in an expired passport, you may apply for your visa and travel as long as you produce both passports."

[denzel74]

Hi thanks to everyone for your respective reactions to my questions.
I have to say, me and my ex-wife met in 2001 in france, got married in 2003 always in france.
Then she found a job in the uk, she moved here first and I joined her 8 months laters. I mean I came to the uk in december 2005.
But before that, I mean during the 8 months she was here, I had a 6 months visa that I was using to come and see her here.

Once I came to join her for good (december 2005) with another 6 months visa, we applied for my 5 years card that was issues in nov 2006.

At last, unfortunately we got divorced in july 2007.

Thanks in advance for your clarification.

[Directive/2004/38/EC]

Hi thanks to everyone for your respective reactions to my questions.
I have to say, me and my ex-wife met in 2001 in france, got married in 2003 always in france.
Then she found a job in the uk, she moved here first and I joined her 8 months laters. I mean I came to the uk in december 2005.
But before that, I mean during the 8 months she was here, I had a 6 months visa that I was using to come and see her here.

Once I came to join her for good (december 2005) with another 6 months visa, we applied for my 5 years card that was issues in nov 2006.

At last, unfortunately we got divorced in july 2007.

Thanks in advance for your clarification.

When did you first enter the UK after getting your 6 month visa, and was the visa called an EEA Family Permit? If so, the 5 years of residence begins from the day you entered the UK on that visa.

[denzel74]

Thank you for your response,
regarding my visas for UK, I used to have first a one visa (08/2004 till 08/2005) which I was using to come in the uk with my ex-wife just before she found a job and moved here 6 months before I joined here foe good. And when I look in my passport now I can see it's said:
Visa EEA Family Permit: Family Member, so even early when my ex-wife move to the uk I kept on using the same visa as it was still valid. Only when it ended (august 2005) and I we decided that I had to come and joined her here for good, I applied for another visa, this time, they just gacve me 6 months one and still a Visa EEA Family Permit which enabled me to joined her for good from december 2005.

So from this, I can say, my first entry in this contry with EEA Family Permit was back in 2004 (the first one year visa I had).

So is that means eventhough my current 5 years visa is running till 2011, I may apply for the ILR even before 2011 ?