EEA family member what is the best way to apply for PR?

konkon · Post by **konkon** » Thu Mar 01, 2012 2:34 pm

Hi. Please help. I am not sure what to do next as this year it passes 5 years since I (non-EEA national) have been married to EEA national. We are still married but live separately now. My spouse does not want to cooperate with me in my application for PR. I have a proof (tax return) that my spouse has been working as self employed for last 5 years. What is the best way for me to apply for PR? I do not think I will be able to get a passport of my spouse. Should I get divorce? If yes should I wait till 5 years pass? Or should I send an application for PR without my spouse passport? I am full time working in UK for last 7 years. May I apply myself on any grounds for PR? Thank you.

tearOne · Post by **tearOne** » Sat Mar 03, 2012 3:38 pm

hi,

Sorry to hear about your marriage problems. You canont do anything if your wife is willing to help you. It would be a risk to use her documents. If you are in UK for 7 years can you not extend if by any means to make 10 years. After that you can claim 10 years UK residence rule to get PR. (conditions still applies) Please go through UKBA site for this rule.

spike_UK · Post by **spike_UK** » Sun Mar 04, 2012 5:00 pm

Hi tearOne,
What do u mean by been in UK 10 yrs and eligible for PR? if u didnt have no visa these 10 yrs,,,,,, does it still count?
Thanks.

Post by **Obie** » Sun Mar 04, 2012 7:25 pm

How long ago did your wife accrue 5 years residence?

What evidence of Self-Employment during this period do you have?

If the HO are satisfied with the Evidence of 5 Years of treaty rights, the evidence has to be less than 2 years old.

If you can show she has resided for 5 years in the UK, you may be able to acquire a PR.

You must be able to demonstrate that she has been resident in the UK over this period.

I have a funny feeling it will be an uphill battle to secure PR, without are support, under these circumstance, except you are able to withstand a strong fight

konkon · Post by **konkon** » Mon Mar 05, 2012 12:04 pm

Thank you everybody for your answeres

konkon · Post by **konkon** » Mon Mar 05, 2012 12:05 pm

[quote="Obie"]How long ago did your wife accrue 5 years residence?

My spouse lives here for 10 years

konkon · Post by **konkon** » Mon Mar 05, 2012 12:06 pm

Obie wrote: What evidence of Self-Employment during this period do you have?

I have my spouse’s Tax Return for last 5 years, but the last year’s tax return has a different address on it as we are not living together now.

konkon · Post by **konkon** » Mon Mar 05, 2012 12:08 pm

Obie wrote:
If the HO are satisfied with the Evidence of 5 Years of treaty rights, the evidence has to be less than 2 years old.

If you can show she has resided for 5 years in the UK, you may be able to acquire a PR.

You must be able to demonstrate that she has been resident in the UK over this period.

I have my spouse’s Tax Return for last 5 years, but the last year’s tax return has a different address on it as we are not living together now.
We have utility bills in both our names for the same address for last 5 years

konkon · Post by **konkon** » Mon Mar 05, 2012 12:08 pm

Obie wrote:

I have a funny feeling it will be an uphill battle to secure PR, without are support, under these circumstance, except you are able to withstand a strong fight

I do not have another choice

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA family member what is the best way to apply for PR?

EEA family member what is the best way to apply for PR?