Retained right of residency after divorce/EEA route

[lucky802]

Hello, hope to get some help here!
-My 5 year RC expires in August 2012
-Decree Absolute is due to come through by end of July
-Been married for 3 years but did not leave together all the time as my husband cheated on me and I moved out after 1 year of marriage
-Both live and work in the UK
My questions:
1) Should I apply for PR on EEA4 route as soon as divorce come through given I will complete 5 year residency in August?
2) Will I still qualify given we did not live in the same property with my husband for 3 years of marriage?
Will be very grateful for any response!

[Kitty]

lucky802, are you sure your 5-year qualification period ends in August? It would be unusual for it to have started on the same date as your Residence Card: did you enter the UK to join your EEA-national spouse, or marry them here, before August 2007?

Your qualification period for PR starts from the date you start being the family member of an EEA national who is exercising treaty rights in the UK. The dates on the RC don't necessarily show that.

If you won't make 5 years until just after your decree absolute, then I think it's worth applying for PR and noting in a cover letter that if they won't confirm PR you qualify for a retained right of residence. Can you provide evidence of your spouse's work for the relevant periods? Will they co-operate by providing their passport/ID card for the application?

[lucky802]

Hi Kitty, thank you very much for response. I received RC in August 2007 on the basis of being an unmarried partner of EEA national and we got married a year later (in 2008) while still holding same RC. Do I still qualify for PR?
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[Kitty]

Ah, I see: sorry, I was not putting together your statements about your RC and marriage properly.

If you are only a few days shy of making the 5 year residence period, then as long as you have all the relevant evidence in order, including evidence of your own work, you can wait until August (to reach 5 years' residence) and apply for PR, explaining that you retained a right of residence following your divorce, and have now resided in the UK in accordance with the regulations for 5 years. No need to apply for confirmation of the retained right separately.

You will need evidence that your ex was exercising treaty rights on the final divorce date, and that you were resident in the UK for the past 5 years and are now doing something equivalent to exercising treaty rights (e.g. working).