Can I sponsor a non EEA Spouse while exercising ROR?

[mbist]

Hello there,

I am going through a divorce with my EEA national wife (who got PR 1 year ago) – Decree Absolute expected in Mar 14. We initiated divorce after 3 years of marriage and I have checked and confident about my 'Retaining Right of Residence' status. I am currently on Residence Card until Mar 2016 and would be eligible for PR in 2 years time (Mar 2016).

My question is whether I can sponsor a Non-EEA spouse (dependent’s visa) within these 'Retaining Right of Residence' 2 years time? I have checked online and could not get a proper answer. I am on a full time professional job and have been in this firm for almost 3 years.

I would be grateful if I can get a firm response on this as I am not sure whether I can apply for a spouse’s visa in the next 2 years or I’ll have to wait until I get my PR in Mar 16 which will be a long wait

Thanks in advance.

[CR001]

No you can't. Only an EU national exercising treaty rights can sponsor a non-EU spouse

Once you obtain confirmation of Permanent Residence in 2016, you can sponsor a non-EU spouse under the UK Immigration rules provided you meet all the requirements.

[mbist]

Thank you very much for the answer. I have read somewhere that there is no law which says that you can sponsor non-EEA spouse while Retaining Right of Residence, at the same time there is no law which says that you can't!!

Is it possible to direct me to some website or link where I can get a definite answer? I just wanted to be sure and comments from more people will be appreciated.

Thanks!