Retain right of Residence -Married to an EU Citizen pls help

[Youmna]

Hi all,

My husband is part of the EU. We got married in 2008 and have been separated for the last 2 years of the 5 year marriage.
However i have been in another country for the last 3 years and have returned to the uk on a visitors visa as we hardly speak .
Of those 5 years 2 years i lived in the UK with him. I left because he was not accessing his rights and was on benefits at the time and it became difficult for us. When i returned to my country our relationship lasted for 1 year and we fought too much.

My question is what rights do i have to remain in the UK if any ?
We are still legally married .

Please assist me !

[Obie]

You will have the right to reside, provided he is a qualified person.

You may be able to retain your right of residence , if you stay one year with him in the UK.

Do you have a child?

[Youmna]

Thank you,

No we do not have any kids together . If we did what would that mean ?
Also what do you mean by qualified person ?

Kind Regards

Youmna

[OlaDPounds]

Thank you,

No we do not have any kids together . If we did what would that mean ?
Also what do you mean by qualified person ?

Kind Regards

Youmna

A qualified person is if he remains an EEA national living in the Uk and if he is exercising treaty right in the UK.

[askmeplz82]

You can only retain right

- he left UK permanently

- you both divorced

But if you are still separated as long as he is living in the UK and exercising treaty right you can continue to live here legally

By the way don't you have family member resident card ( valid for 5 years ) if yes why you came back with visit visa?

[Youmna]

Hi .

No i did not get the 5 years residence permit as i left the UK
After two years of being married as my husbands financial
status changed but our relationship still went on for about1.5 years after i went back to my country.

I had to come on a visitors visa as he wouldnt assist in any way
with my visa etc as we have been seperate but not legally divorced for the last 2 years.

Even though i am on a visitors visa can i still try and retain residence or not ?

[Obie]

I dont think you can retain right of residence.

Firstly, it is not clear if you have a right of residence, nevermind retaining a right of residence.

You can only retain something you have. As you dont seem to have a right of residence, you cant retain one.

If your husband is exercising treaty rights, then subject to you metting the requirements in Regulation 10 (5) , you may be able to retain your right of residence.

[OlaDPounds]

Hi .

No i did not get the 5 years residence permit as i left the UK
After two years of being married as my husbands financial
status changed but our relationship still went on for about1.5 years after i went back to my country.

I had to come on a visitors visa as he wouldnt assist in any way
with my visa etc as we have been seperate but not legally divorced for the last 2 years.

Even though i am on a visitors visa can i still try and retain residence or not ?

Hi Youmna I personally don't think you will retain your right of residency except if you apply for a RC and this time that you and your husband don't talk or be in good term it will be difficult if I am honest and correct but hopefully the senior and experienced member will contribute to this and give more correct advise if I am wrong though.

[Youmna]

Hi .

No i did not get the 5 years residence permit as i left the UK
After two years of being married as my husbands financial
status changed but our relationship still went on for about1.5 years after i went back to my country.

I had to come on a visitors visa as he wouldnt assist in any way
with my visa etc as we have been seperate but not legally divorced for the last 2 years.

Even though i am on a visitors visa can i still try and retain residence or not ?

Hi Youmna I personally don't think you will retain your right of residency except if you apply for a RC and this time that you and your husband don't talk or be in good term it will be difficult if I am honest and correct but hopefully the senior and experienced member will contribute to this and give more correct advise if I am wrong though.

Can i still get a resident card even though we do not live together ? If so on what grounds ?

[askmeplz82]

Hi .

Can i still get a resident card even though we do not live together ? If so on what grounds ?

Well in order to get a resident card you need to show that your Husband is exercising treaty right ( working, studying, self employed ) in the UK at least some months before sending the application

So if you send an application today it's better to send last 4/5 months exercise treaty right

but here is the problem because you don't live together. Although it's not a requirement under EEA law for a husband and wife living together after marriage still HOME Office may find an excuse to refuse your resident card .

- marriage certificate

- Your and him UK proof of address ( same address will really help )

- Your and him Passport or National ID card

- His exercise treaty right in the UK ( past 4/5 months is good )

- EEA2 application form

[Youmna]

Can i still get a resident card even though we do not live together ? If so on what grounds ?

[OlaDPounds]

Can i still get a resident card even though we do not live together ? If so on what grounds ?

Yes you can apply for a RC with latest version of the EEA2 application form with required documents but according to what someone already stated HO might be questioning the fact you don't live together but you never say never. Send your application and also proof your husband exercise treaty right in the UK by presenting them pay slips and contract letter if he's working, confirmation if he's a job seeker or proof he's self sufficient and also his passport or national Identity card with your passport with a £55.00 either by your card or postal order.

[let_koko]

Hi Guys
Just a quick question for a friend
He submitted an application for PR EEA4 in may 2012 having lived with his X wife an (EEA National) for almost 4 years, but his application was refused today on the basis that the EEA national was not exercising treaty right at the time of divorced. The X Wife was actually working at the time but she did not release her payslip for my friend and HO refused based on that.

He has right of appeal
1. X wife has agreed to release her payslip to show that she was working at the time of divorce and this will nullyfye the reason for refusal
2. should my friend proceed with the appeal or he should re-apply

Please, answer to these questions will be highly appreciated
Thanks