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I believe you are due for PR. I will advise you apply by using form EEA4 with every document to prove that you have been living in the country for a period of 5 years and both of you are exercising your treaty right during this period. You have already retained your right of resident since your marriage have lasted for 3 years and both of you live in uk for a period of one year within this 3 years. I am just in your position, I got married in 2004 and the resident permit granted in 2006. we divorced in 2009 and I have put in my EEA4 application since March 2010. I have COA and now application awaiting consideration from HO.ngueda2009 wrote:after agonising weeks i have decided to informed the ho about my divorce to my eea partner. my question is this: as i have 6 years payslips and p60 including proof that we were living in the same address up till the time of divorce of my ex shall i send them all to the ho? my fear is they will said i was already entitled to permanent residency and therefore i should produce my ex passport which it is impossible to have.i do however have her residence card that was issued to her in 2006
brief history again:
married may 2003
applied for residency in 2004
residency refused asked for reconsideration and granted residency in 2006 expiring sept 2011
divorce decree absolute may 2010
no childrens
i have payslips from 2004 till may 2010 also hm & custom working history letter to back up the 6 years but the relation with her has just gone downhill
question again shall i send only the last year payslip up till the final decree or shall send the whole 6 years
i just do not want to take the risk staying there without letting them know i have divorced help please
You are due for PR but HO will not issued you PR if you cannot provide your wife`s passport.It is better you retain your right of residence following divorce,then apply for PR afterwards.Mine PR was refused in Feb,2010 because my spouse passport had expired.I lodged an appeal after my spouse provided me her new passport and won my appeal.Without your wife`s passport it will be difficult to get your PR.Go through the divorce process,retain your right of residence in this case you are no longer a family member of eea national and therefore does not need to provide her passport.yusfaith wrote:I believe you are due for PR. I will advise you apply by using form EEA4 with every document to prove that you have been living in the country for a period of 5 years and both of you are exercising your treaty right during this period. You have already retained your right of resident since your marriage have lasted for 3 years and both of you live in uk for a period of one year within this 3 years. I am just in your position, I got married in 2004 and the resident permit granted in 2006. we divorced in 2009 and I have put in my EEA4 application since March 2010. I have COA and now application awaiting consideration from HO.ngueda2009 wrote:after agonising weeks i have decided to informed the ho about my divorce to my eea partner. my question is this: as i have 6 years payslips and p60 including proof that we were living in the same address up till the time of divorce of my ex shall i send them all to the ho? my fear is they will said i was already entitled to permanent residency and therefore i should produce my ex passport which it is impossible to have.i do however have her residence card that was issued to her in 2006
brief history again:
married may 2003
applied for residency in 2004
residency refused asked for reconsideration and granted residency in 2006 expiring sept 2011
divorce decree absolute may 2010
no childrens
i have payslips from 2004 till may 2010 also hm & custom working history letter to back up the 6 years but the relation with her has just gone downhill
question again shall i send only the last year payslip up till the final decree or shall send the whole 6 years
i just do not want to take the risk staying there without letting them know i have divorced help please
Totally agree with JackEM, retain your rights first and then apply for PR on EEA4, will save you alot of explaination and also heart ache. Once you retain your rights you are independent and as long as you can prove that you have been exercising treaty rights for the past 5 years you will be able to get your PR.ngueda2009 wrote:thank for the advice please seniors can you help here
troubled wrote:As I mentioned earlier you cannot apply for PR using EEA4 without your spouse passport.EEA4 is for those who are still family member of eea national and want to apply for PR having exercise the treaty rights for 5 continuous years.In your case you are no longer family member of eea national since you have divorced.You have to retain your right of residence first,afterwards PR.If you apply for PR in your present situation HO will request for your ex passport which you do not have.
European Commission's guide (which is basically a simplified version of the directive) seems to disagree:troubled wrote:As I mentioned earlier you cannot apply for PR using EEA4 without your spouse passport.EEA4 is for those who are still family member of eea national and want to apply for PR having exercise the treaty rights for 5 continuous years.In your case you are no longer family member of eea national since you have divorced.You have to retain your right of residence first,afterwards PR.If you apply for PR in your present situation HO will request for your ex passport which you do not have.
The directive and this guide also does not seem to require you to go through any additional administrative formalities like reapplying for RC to retain your rights. It only requires you to satisfy the specified conditions. (like being married for 3 years of which at least 1 spend in the country)Chapter 7 Right of permanent residence
...
Family members who retained an autonomous right
to reside in the host Member State in event of your death,
departure or termination of family ties, may also acquire the right
of permanent residence on their own under the same conditions.
Hi ngueda2009,ngueda2009 wrote:hi simon,
i did not filled a form i just send a cover letter and documents explaining my situation. please do not hesitate to ask any question