Divorce from a EU spouse after receiving permanent residence

[alaskangirl]

Hello Everyone,

The more I read about retaining rights of residence, the more confusing it gets. I hope someone can share their experience with me.

I am Russian who got married to a Polish citizen in March 2005, arrived in the UK in May 2006, my spouse has been exercising Treaty rights since then. He has been living separately at a different UK address for a few years now.

EEA4 PR granted in December 2012.

Things are going wrong and we are going to apply for divorce. I assumed that PR means I no longer depend on my husband, however each time I cross the UK border I get asked same questions:
On what basis did you obtain the PR? Is your husband still living in the UK? And so on. This is very frustrating as i guess my assumption about independent status was wrong.

My question is what happens after we have divorced? I am going to apply for a straightforward one based on 2 years separation.

What happens to my PR? Do I need to apply for Retention of the rights to remain?

I am planning to apply for my UK passport in Jan'14, after completion a 1-year period after getting the PR.

If I get divorced in 2 months, do I have to apply for Retention or not? If I do not, will it impact my passport application?

What is the best way of getting this sorted?

Many thanks in advance.

[Obie]

See Regulation 15(2).

A divorce will have no effect on Citizenship application or your PR.

Infact, you may apply for naturalisation now in fact, rather than Jan 2014, as you seem to qualify.

[alaskangirl]

See Regulation 15(2).

A divorce will have no effect on Citizenship application or your PR.

Infact, you may apply for naturalisation now in fact, rather than Jan 2014, as you seem to qualify.

Thank you very much Obie.

So next time I pass the border and they ask the same old questions, what do I say? The truth about the divorce procedure?

What is my status at the moment? Still dependant on my spouse? Why do the border agents ask all these questions?

Many thanks

[askmeplz82]

Hello Everyone,

The more I read about retaining rights of residence, the more confusing it gets. I hope someone can share their experience with me.

I am Russian who got married to a Polish citizen in March 2005, arrived in the UK in May 2006, my spouse has been exercising Treaty rights since then. He has been living separately at a different UK address for a few years now.

EEA4 PR granted in December 2012.

Things are going wrong and we are going to apply for divorce. I assumed that PR means I no longer depend on my husband, however each time I cross the UK border I get asked same questions:
On what basis did you obtain the PR? Is your husband still living in the UK? And so on. This is very frustrating as i guess my assumption about independent status was wrong.

My question is what happens after we have divorced? I am going to apply for a straightforward one based on 2 years separation.

What happens to my PR? Do I need to apply for Retention of the rights to remain?

I am planning to apply for my UK passport in Jan'14, after completion a 1-year period after getting the PR.

If I get divorced in 2 months, do I have to apply for Retention or not? If I do not, will it impact my passport application?

What is the best way of getting this sorted?

Many thanks in advance.

I find it very very strange ... if you already got PR they shouldn't ask anything about your EX SPOUSE at all.

it doesn't matter whether you are married or not/ ex is working or in the UK

You better complain to the senior immigration officer next time. If i was you i will show them print out of EU law

[alaskangirl]

That's the thing: some sources claim that since the PR was granted on the marriage to a EU basis, the HO have rights not to extend it (if in 10 yrs I renew the stamp as it's written on it) or refuse citizenship if this marriage is no longer valid.
They also claim it is the ROR i have to apply for.
Plus the question each time when landing in the UK...

[fysicus]

That's the thing: some sources claim that since the PR was granted on the marriage to a EU basis, the HO have rights not to extend it (if in 10 yrs I renew the stamp as it's written on it) or refuse citizenship if this marriage is no longer valid.
They also claim it is the ROR i have to apply for.
Plus the question each time when landing in the UK...

Rather than listening to some sources, you better rely on the law itself (which you can find on http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/, annex A):

(2) Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.

Once you have acquired PR, all history leading to it becomes irrelevant as far as your immigration status and rights in the UK are concerned.
Retention of Rights (RoR) is only relevant if the marriage ends before the non-EEA partner acquires PR.
Next time an IO asks about your spouse, simply answer: "Please look at my documents more carefully, I have Permanent Residence. Where my spouse is, or what he does, is not of any interest to you."

[alaskangirl]

Thanks a lot fysicus, I thought my understanding of the status was wrong but it happens to be right.
Just hoping the border control staff were more educated...
Thank you!!

[askmeplz82]

Thanks a lot fysicus, I thought my understanding of the status was wrong but it happens to be right.
Just hoping the border control staff were more educated...
Thank you!!

They are not. Some even don't know ABC of EU law. i knew couple of them when was working in the Heathrow Air side

[alaskangirl]

Hello everyone,

I am ready to submit my divorce application to the court.

From the previous posts, I understand that I already qualify for naturalisation since I have lived in the UK for over 7 years, have held my PR since December 2012.

Just to clarify, if I apply now, I only need to provide my passport with the PR in it and the application form (plus test results)?

Do I mention the divorce process in my application? This is not going to affect my naturalisation application, right?

Is it best to wait until December and apply once the 12 months period has been completed?

Found this in one of the threads http://www.immigrationboards.com/viewto ... 354#592354:
***
'Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?

Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.

You have two options:

1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.

If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date.'
***
The difference is that I already have my PR, do I choose option 2?

Many thanks!

[Jambo]

As it states in the FAQ:

Either go with option (2) in December 2013. Note that for applications after 28th of October, you will be required to meet a certain level of English on top of the Life in the UK test.

OR

Apply now using option (1) with all the supporting documents you already provided for the EEA4 application (including your husband documents) to prove you have obtained PR earlier than September 2012 (this is because the PR Confirmation only states your status when it was issued even if you have acquired that status before).

[alaskangirl]

As it states in the FAQ:

Either go with option (2) in December 2013. Note that for applications after 28th of October, you will be required to meet a certain level of English on top of the Life in the UK test.

OR

Apply now using option (1) with all the supporting documents you already provided for the EEA4 application (including your husband documents) to prove you have obtained PR earlier than September 2012 (this is because the PR Confirmation only states your status when it was issued even if you have acquired that status before).

That is really helpful, thank you Jambo, i shall stick to option 2. Hopefully, my English level should be acceptable

[Jambo]

That is really helpful, thank you Jambo, i shall stick to option 2. Hopefully, my English level should be acceptable

Option 2 is the easier in your case.

The English requirement can be proved either by passing a test or proving you studied for a degree in English. The HO will publish the guidelines closer to the date (sometime in October I guess).

[malejandra]

That is really helpful, thank you Jambo, i shall stick to option 2. Hopefully, my English level should be acceptable

Option 2 is the easier in your case.

The English requirement can be proved either by passing a test or proving you studied for a degree in English. The HO will publish the guidelines closer to the date (sometime in October I guess).

I divorced my European husband in 2012 but because my marriage lasted for more than three years I was able to apply for PR in 2013. now I've hold my PR for over a year and would like to apply for Naturalization. PR is granted under The European Law Do I have to Apply for naturalization choosing option 1 or 2?

Was your application successful choosing option 2?