HOW CAN I APPLY FOR PR???

[ALIADNAN770]

hi,

I came to UK in November 2009 as a student
Met with my Ex-wife (Lithuanian) June/July 2010
Moved in same home October 2010
Married 28 January 2011
Have a child 16 Sep 2011
Separated 27 May 2012
Divorced 1 July 2015
Applied for (Retain of Rights) EEA2 RC on 18/08/2015
Residence Card issue 19/01/2016

What documents do I need?
When is my PR Due? (as some1 told me it will be due from 28/01/2016 after 5 years of my marriage)
Can I apply on window (same day service)?? or I have to arrange it by post??

Please help me if some1 can

Thanks

Ali

[ohara]

It's postal application only and you need to have been exercising treaty rights continuously for at least 5 years. The form you need is EEA(PR):

https://www.gov.uk/government/uploads/s ... _07-15.pdf

I suggest you have a read of the guidance notes before you even start to complete the application:

https://www.gov.uk/government/uploads/s ... nts_v1.pdf

[secret.simon]

You will need to prove that your ex-wife was exercising treaty rights or had PR status herself for the entire period between 28th January 2011 (your marriage to her) and 1st July 2015 (the date of your divorce).

Do you have the necessary documentation for that?

[noajthan]

My understanding is a 5-year period of exercising treaty rights (continuously) is required.
And, for RoR cases, the overall qualifying period (for the non-EEA person to acquire PR) is calculated from:
the activities of the 2 parties exercising treaty rights in 2 sequential periods of time.

Period 1) The duration the EEA national sponsor exercised treaty rights (as a qualified person) from the date of marriage (to spouse/dependent) until the date of divorce (decree absolute)

plus
Period 2) The subsequent duration the divorced RoR RC holder has been exercising treaty rights as a qualified person in their own right since the divorce;
(starting from date of decree absolute)

So Period 1 + Period must = 5 years for confirmation of PR for the divorced non-EEA national.

[euuksl]

Hi Noajthan
Thanks for reply. I have asked similar question and have been pointed to your answer.
I apologies i still don't get it can you please tell me

I am seperated from EU national for over 3 yrs now. We have been married for past 12 yrs and have kids.
I have just applied for EEA(PR). We did our best to prove that she is exercising treaty rights but i am not 100% it will come through.
If it doesn't what should i do. I in my capacity am exercising treaty rights and we are living here for past 6 yrs.
What should i do then ? We are not divorced yet as we were waiting till i file my EEA (PR)
In that case what choices do i have ? Divorce (which can take up to an year ? ) and then ROR or i can also get ROR on basis of my kids which one is quicker ? And then if say i get ROR would i have to again wait 5 more years to get PR ?
How long ROR takes ?
for my history please look at the posts by my name
thanks

[ALIADNAN770]

hi,

do I need personal health insurance to apply for PR??

[noajthan]

Hi Noajthan
Thanks for reply. I have asked similar question and have been pointed to your answer.
I apologies i still don't get it can you please tell me

I am seperated from EU national for over 3 yrs now. We have been married for past 12 yrs and have kids.
I have just applied for EEA(PR). We did our best to prove that she is exercising treaty rights but i am not 100% it will come through.
If it doesn't what should i do. I in my capacity am exercising treaty rights and we are living here for past 6 yrs.
What should i do then ? We are not divorced yet as we were waiting till i file my EEA (PR)
In that case what choices do i have ? Divorce (which can take up to an year ? ) and then ROR or i can also get ROR on basis of my kids which one is quicker ? And then if say i get ROR would i have to again wait 5 more years to get PR ?
How long ROR takes ?
for my history please look at the posts by my name
thanks

Hopefully you have acquired PR already & so confirmation of PR will come through.
Note it will be based on your wife's activity as the EEA national & a qualified person;
(even if you are working it will not be counted).

If you have difficulty with confirmation of your sponsor's PR now then you would face the same difficulty in proving it in relation to any application for RoR (after divorce) in the future.

[euuksl]

thanks Noajthan
i have just applied and even didn't got biometric yet
for my ex treaty right proof. we have attached bank statements over the self employement yrs along with Hmrc NI contributions and for her self sufficiency we have CSI and enough funds proof.
i hope they are enough
if they dont accept all this is there any route to get ROR on basis of support to kids i have heard to something in regards to regulation 10 or something
can you please point me out
once again thanks for all your help

[noajthan]

thanks Noajthan
i have just applied and even didn't got biometric yet
for my ex treaty right proof. we have attached bank statements over the self employement yrs along with Hmrc NI contributions and for her self sufficiency we have CSI and enough funds proof.
i hope they are enough

if they dont accept all this is there any route to get ROR on basis of support to kids i have heard to something in regards to regulation 10 or something
can you please point me out
once again thanks for all your help

I don't know much about that and its all hypothetical anyway until you hear the outcome of your current application.

You could start with the Gov UK website here:
https://www.gov.uk/family-permit/deriva ... -residence

[euuksl]

Thanks Noaj
From that link this applies to me

You must be a family member or their legal guardian, and can be their main carer or share that responsibility with someone else.

Are they taking about private health insurance for the kids ? I have pvt health insurance for our family for last 5 yrs but there is a discontinuity from October 2015 till now as i changed job, will that matter ?

What i still don't understand is i have been exercising my right for last 6 yrs , i don't understand point of my having ROR as i believe i am eligible for PR straight away since i have been here for last 6 yrs

I know its all hypothetical till i get my application's outcome but just exploring channels in case

Thanks once again