permanent residence application

[arleneauray]

Good morning please help. This end of November i will apply for permanent residence, i am married to eu national, he came to uk 2007, we got married nov. 2010. We are separated since 2014, my husband been working all this years except this 2015 theres a gap from june, july, aug as he left the country but hes back now end of August, he sign in in job centre this sept but still looking for a new job, im worried that it will affect my application as he has no job .... can someone help me pls... my visa will expire april 2016.

[noajthan]

Good morning please help. This end of November i will apply for permanent residence, i am married to eu national, he came to uk 2007, we got married nov. 2010. We are separated since 2014, my husband been working all this years except this 2015 theres a gap from june, july, aug as he left the country but hes back now end of August, he sign in in job centre this sept but still looking for a new job, im worried that it will affect my application as he has no job .... can someone help me pls... my visa will expire april 2016.

A jobseeker is still considered as exercising treaty rights, for up to 6 months anyway. Even if still jobseeking in November that is less than 6 months.
And a brief vacation from UK (less than 6 months) should not have interrupted the PR clock.

If you remain married until November your PR should be acquired automatically if you have all the evidence of husband (as EEA national & your sponsor) exercising treaty rights since 2010. (Don't forget the PR card is simply confirmation of settled status, it doesn't grant it).

Good luck.

[arleneauray]

Omg thank goodness for that iam really worried about this, is it also my ex husband obtained pr automatically dince hes been in the uk since 2007? Thank very much well appreciated ur response

[noajthan]

Omg thank goodness for that iam really worried about this, is it also my ex husband obtained pr automatically dince hes been in the uk since 2007? Thank very much well appreciated ur response

For (ex)husband it depends on his nationality; for example if he is from an A8 EU country, was he registered on WRS - there are questions like that to consider.
But in principle, PR is acquired automatically if someone exercises treaty rights continuously in UK for 5 years.
Applying for a PR card is optional.

You have now said ex-husband so do you mean you are divorced or 'just' separated?
This makes a big difference in your case.
If divorced you will need to look into retained rights, which depends on when exactly you were legally divorced.

[arleneauray]

No we are not divorce, we are separated, we tried but the feelings is not there anymore, hes french and im asian.... he got a new partner but we talk and he will help me as we bought a property in my country and its in our name, so if i cannot get my pr i dont know how i will pay the mortgage as im the one whos paying this....

[noajthan]

No we are not divorce, we are separated, we tried but the feelings is not there anymore, hes french and im asian.... he got a new partner but we talk and he will help me as we bought a property in my country and its in our name, so if i cannot get my pr i dont know how i will pay the mortgage as im the one whos paying this....

ok, sorry to hear that.

Well no A8/WRS complications so spouse is likely to have automatically acquired PR by now.

Provided divorce proceedings are not commenced any time soon I think you should be eligible to stay in UK and could apply for confirmation of permanent residence after 5 years, (ie in November).

In other words you (probably) currently have a continued right of residence in UK ...

A person who is the spouse or civil partner of an EEA national, and who separates from that EEA national but remains married to, or in a civil partnership with them, cannot retain a right of residence under Regulation 10. They will, however, have a continued right of residence provided the EEA national spouse or civil partner continues to be a qualified person (i.e., a person exercising Treaty rights) living in the UK.

Where such a person wishes to apply for permanent residence in the UK, they would need to provide evidence to demonstrate that they had resided in accordance with the Regulations for a continuous period of 5 years. This would include evidence to demonstrate that the EEA national spouse or civil partner had been a qualified person throughout the relevant 5 year period, including during the months or years of separation.

See http://www.newlandchase.com/nc_blog/art ... _residence

As long as you keep on good terms with your spouse & so have access to all necessary documents (to use as your supporting evidence when you submit your application) you are in a good position.

Once PR is confirmed hold that settled status for 12 months & you could apply for the privilege of citizenship (assuming you meet all other requirements).

[Annebee]

Good morning please help. This end of November i will apply for permanent residence, i am married to eu national, he came to uk 2007, we got married nov. 2010. We are separated since 2014, my husband been working all this years except this 2015 theres a gap from june, july, aug as he left the country but hes back now end of August, he sign in in job centre this sept but still looking for a new job, im worried that it will affect my application as he has no job .... can someone help me pls... my visa will expire april 2016.

Was he in employment in June July August? I know he left the country. If not was he registered as a jobseeker then?

[arleneauray]

No for 3months that outside uk hes not employed and he only sign in in job centre when he come back in uk this sept.

[noajthan]

No for 3months that outside uk hes not employed and he only sign in in job centre when he come back in uk this sept.

Should be ok...

Continuous residence is not affected by periods of absence for mandatory military service or by absence from the UK for a total of no more than six months in any one calendar year.

Ref: http://www.airecentre.org/data/files/EE ... r_2013.pdf

[arleneauray]

Thank you very much for all the information. Much appreciated.!

[arleneauray]

Hi i got something to add to my husband details he sign in in job centre feb 2015 only for a month as he has no job then got a job march april may then left the country for 3 months and come back end of aug and sign in in job centre this sept.... is there any difference, am i still safe?
Nov and dec. 2014 - employed
jan 2015 employed
feb. 2015 - job seeker
march april may 2015 - employed
june july aug - outside uk
aug. 31 come back to uk
sept. - job seeker

i counted from November bec, thats when i got married. November 2010

[noajthan]

Hi i got something to add to my husband details he sign in in job centre feb 2015 only for a month as he has no job then got a job march april may then left the country for 3 months and come back end of aug and sign in in job centre this sept.... is there any difference, am i still safe?
Nov and dec. 2014 - employed
jan 2015 employed
feb. 2015 - job seeker
march april may 2015 - employed
june july aug - outside uk
aug. 31 come back to uk
sept. - job seeker

i counted from November bec, thats when i got married. November 2010

As posted earler:

Continuous residence is not affected by periods of absence for mandatory military service or by absence from the UK for a total of no more than six months in any one calendar year.

Husband is permitted to take a 'holiday' & it was only 3 months this year. It should be acceptable.
And he has had jobseeker status for less than 6 months too (which is in the limit for a jobseeker).

Based on the facts and figures provided it appears you are good to go (assuming you have all necessary supporting evidence).

[arleneauray]

Oh thank you very much,

[arleneauray]

Hi one last question, my ex husband has been in the uk since 2007 does that mean he automatically obtained pr already, but he never applied residency.. does it mean he doesnt need to show exercising treaty rights? .,, sorry i just want to know...
If i apply this nov. Will it help if i will include his p60 from 2007 to present so that they can see that my ex already obtained pr..

thank you, it will enlighten me..

[noajthan]

Hi one last question, my ex husband has been in the uk since 2007 does that mean he automatically obtained pr already, but he never applied residency.. does it mean he doesnt need to show exercising treaty rights? .,, sorry i just want to know...
If i apply this nov. Will it help if i will include his p60 from 2007 to present so that they can see that my ex already obtained pr..

thank you, it will enlighten me..

All this assumes you are non-EEA national.
As such, your status depends on your (ex)husband exercising his treaty rights continuously in UK for 5 years as a qualified person.
You are then a dependent family member (spouse).

From what you have said it appears your husband would (could) have acquired PR automatically already, maybe in 2012 or thereabouts.
A PR card just confirms it, it isn't compulsory.

Yes, ideally you need to be on good terms with ex.
This is so you can more easily supply all relevant supporting documents from him to support your application.

[arleneauray]

Yes im a non eu, and yes 2012 that the time he (could) obtained his pr, we got married 2010 of nov, i read some in this forum that if ur wife/husband obtained pr he/she doesn't need to show exercising treaty rights, but of course you need to show sufficient evidence for that. Like p60. But i want to know if this is true.
im trying to have a good relationship with him as my application will depend on him... fingers crossed.

[arleneauray]

Sorry i just want to know, is it true once he (if) obtained pr he doesnt need to show exercising treaty rights....

[noajthan]

Sorry i just want to know, is it true once he (if) obtained pr he doesnt need to show exercising treaty rights....

Once someone has PR they are settled and can just live in UK.
It then doesn't matter what they do (within the law!).

Such PR/settled status can only usually be lost be if leaving UK for 2 years or more.

[arleneauray]

Omg nojhan thank you very much!!!

[noajthan]

Omg nojhan thank you very much!!!

It's now all about the quality of the application & the evidence you have in all the supporting documents to back up your application.

Work carefully, keep copies of everything & of the application form.
Print out & use the guidance notes as a checklist to make sure you have everything covered.

You can do it - good luck.

[arleneauray]

Thank you for all the information you have given me and all the gurus, i always pray that it will be alright, may god be with me. Its been a nightmare for a year...
Thank you very much,

[arleneauray]

Thank you thank you very much!,,