non-eea

[Mhimi]

Hello

I first entered UK in SEP 2008 on visit visa, then i got married with my Portuguese wife on JAN 2009 i got my RC for 5 years on SEP 2009 .
i lived with my wife since 2008 till 2011 when we split up and remain married till JUN 2013 when we started divorce and is not done yet , it will be all done by the end of JAN 2014 .
my wife she been working all the time we been together till APR 2011,
since than she is on job seeker allowance .
she did have 3 job interviews since 2011 and she didn't get the job .
me i been working since july 2009 up to now .

i want to apply to retain right of residence but i dont know if i got a chance to get it or no.

the evidence i have with me .

prove that we lived together 2008 till 2011 .
prove that she worked in uk since 2007 till 2011.
prove that she is on JSA.
prove that she looking for a job, 3 letters from job interviews.
and all my work proves for all this time.

if someone know anything about this to help it will be great as i am a bit stressed as i dont have much time left my RC will expire SEP 2014

Thank's[/b]

[askmeplz82]

we have discussed this matter many times in this forum already

so she is Job seeking since 2011 until now? as you said she worked for 5 years continues then she may be a PR holder already

You will have problem if you can't prove her exercise treaty right now unless you can prove that she qualify for Permanent Resident

it's extremely important that she is doing something now. Working, studying, self employed or at least self sufficient just to be on the safe side

[Davmck70]

i want to apply to retain right of residence but i dont know if i got a chance to get it or no

I advice you stick to the guidelines for application for PR via EEA 4 forms. Depending on RROR you are claiming, it may be vital to provide evidence EEA was exercising treaty rights in UK after wedding prior to divorce as stated in the guidelines. To claim RROR in UK for a PR application, I would suggest you consider the following:
a. Have you been married for at least 3 years and lived together in the UK for at least one of the 3 years?
b. To qualify for PR, your EEA national family member must normally have exercised treaty rights in the UK for a continuous 5 year period through self employment, employment, student, jobseeker or self sufficient. RROR retained only via divorce from EEA national must satisfy condition (a) above and also you are only required to provide evidence of the EEA national exercising treaty rights prior to divorce.

The most important factor to be considered here is that the EEA national must continue to exercise treaty rights in UK via any of the following:
1. Self employed 2. Employment 3. Self sufficient 4. Jobseeker or 5. Student (which requires a CSI).
For non-EEA national to claim ROR, both must be married for at least 3years, been together in UK for at least a year and EEA national must exercise treaty rights prior to divorce
Claiming benefit I would think has nothing to do with this depending on which benefit she is claiming. If she is out of work, she must be actively looking for work with evidences to prove this or else she is not exercising any rights. I hope that answers your question.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Read article 6 Retaining a Right of Residence