NON-EEA Permanent Residency Card

[Sarko]

Hi Everyone

I have a friend of mine who is Iraqi nationality and married to a Portuguese nationally in the UK, she has recently got Permanent Residency Card. But her husband wants to divorce her. Does she lose her Permanent Residency Card? Or it’s no longer to do with her marriage??

Hope someone can help her by providing right information. Thank you very much.

[Directive/2004/38/EC]

The Iraqi national has a Permanent Resident Card?


From Directive 2004/38/EC:

CHAPTER IV - RIGHT OF PERMANENT RESIDENCE
Section I - Eligibility
Article 16
4. Once acquired, the right of permanent residence shall be
lost only through absence from the host Member State for a
period exceeding two consecutive years.

[Ben]

Hi Sarko.

Yup, as per above, the right of Permanent Residence is lost only by leaving the UK for more than two consecutive years.

[Sarko]

Sorry I don't quiet understand that!!

She had 5 years residency and then she applied for permanent visa, then the Home Office sent her Permanent Residence Card (it's forever). It's written on the visa NO RESTRICTION .

I think she is entitle to apply for British citizenship after on year passed on her Permanent Residence Card? Am I right? If the visa is permanent residence so how come she lose the right to stay in the UK. Please more information

Thank you very much.

[Rozen]

If the visa is permanent residence so how come she lose the right to stay in the UK.

I think you need to SLOWLY re-read the answers you've been given, and then hopefully, you will understand.
The Permanent Residency has nothing to do with the marriage.
The husband can divorce her. No problem.
She just better NOT stay out of the UK for more than two (2) years! Otherwise she will lose her PR.

[Directive/2004/38/EC]

Sarko,

What we are staying is that (in general) the only way for your Iraqi friend to loose their right of residency is if they decided to leave the UK and live somewhere else for two year.

If they stay living in the UK, then a divorce is unpleasant and awful, but it does not have any impact on their right to remain in the UK.

And yes, they can and likely should apply for British citizenship as soon as they can. The rules will only get more difficult and it will only get more expensive with time.

[Sarko]

Thanks Rozen.

I am hopefully understanding now sorry I did not see the (ONLY) in the answers above!! too much rushing

Thanks everyone it's clear now and I pass the information.

[Sarko]

Thank Directive and I appreciate your help. Very nice from everyone

Cheers