eea permanent residence after divorce and with new partner

[darmen2015]

hi all,
i'm currently hold a residence card which i received being with my wife but now i'm divorce and i have a new eea partner.
my question is can i apply for permanent residence or residence card again?

thank you for any help.

[noajthan]

If you mean you have a confirmation of PR' card (not just a RC) then you are already settled with PR status.

[darmen2015]

i just have a residence card at the moment.

[noajthan]

i just have a residence card at the moment.

So you need to determine whether you have retained rights on divorce and if you have acquired PR in your own right since divorce.

Or else whether your new spouse is also your new sponsor and so may sponsor you for an optional RC and/or through to PR.

It all depends on detailed timeline of activities in UK, dates of divorce (absolute), subsequent marriage and etc.

[Casa]

In addition to noajthan's questions:

You mention your new partner. Are you married?

[darmen2015]

my current wife will be my new sponsor, we got married. i got divorce on 11/2015 from my x, after being married for 6 years.

[noajthan]

my current wife will be my new sponsor, we got married. i got divorce on 11/2015 from my x, after being married for 6 years.

So if wife is sponsor and either settled or exercising treaty rights in UK then you may apply for a RC.
And you may acquire PR status on 5th wedding anniversary (if UK is still in EU by then).

If you have been working or similar since the divorce you may be well-advised to see if you have actually retained rights and have possibly acquired PR already.

[darmen2015]

my current wife will be my new sponsor, we got married. i got divorce on 11/2015 from my x, after being married for 6 years.

So if wife is sponsor and either settled or exercising treaty rights in UK then you may apply for a RC.
And you may acquire PR status on 5th wedding anniversary (if UK is still in EU by then).

If you have been working or similar since the divorce you may be well-advised to see if you have actually retained rights and have possibly acquired PR already.

how can i check if i have retained rights and acquired PR?
thank you very much for your replies..

[noajthan]

how can i check if i have retained rights and acquired PR?
thank you very much for your replies..

Start here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[Wise]

Can I just say instead of wasting your time with the new RC why don't you try to persuade your ex wife for her treaty right (employments paperwork etc) for 5 years since you said you are both married for 6 years and apply straight away for PR in your own right with divorce certificate and also you don't need her ID to apply for this.

Option 2,
If you cannot get it,then you can still make PR application and instruct the HO to help you in checking all her treaty right on your behalf,but if there was a gap in her treaty right then your option is to apply for Retained Right of Resident if only you can proof her treaty right for at least 3/4yrs from that 6 years of marriage and be in UK in your own right.But if your ex doesn't have enough treaty right during your 6 years of marriage then don't complicate things the new wife should be your last option by applying for new RC.


good luck.

[darmen2015]

my ex doesn't want to help at all.

[darmen2015]

thank you everyone for all the help..

[darmen2015]

Can I just say instead of wasting your time with the new RC why don't you try to persuade your ex wife for her treaty right (employments paperwork etc) for 5 years since you said you are both married for 6 years and apply straight away for PR in your own right with divorce certificate and also you don't need her ID to apply for this.

Option 2,
If you cannot get it,then you can still make PR application and instruct the HO to help you in checking all her treaty right on your behalf,but if there was a gap in her treaty right then your option is to apply for Retained Right of Resident if only you can proof her treaty right for at least 3/4yrs from that 6 years of marriage and be in UK in your own right.But if your ex doesn't have enough treaty right during your 6 years of marriage then don't complicate things the new wife should be your last option by applying for new RC.


good luck.

Thank you for your reply.

My ex doesn't want to help with any docs.

And after reading on the application forms, for retained right of residence, i will require most recent treaty rights proof before the divorce procedure which i don't have.

I am considering to apply RC with my new wife.

[darmen2017]

Can I just say instead of wasting your time with the new RC why don't you try to persuade your ex wife for her treaty right (employments paperwork etc) for 5 years since you said you are both married for 6 years and apply straight away for PR in your own right with divorce certificate and also you don't need her ID to apply for this.

Option 2,
If you cannot get it,then you can still make PR application and instruct the HO to help you in checking all her treaty right on your behalf,but if there was a gap in her treaty right then your option is to apply for Retained Right of Resident if only you can proof her treaty right for at least 3/4yrs from that 6 years of marriage and be in UK in your own right.But if your ex doesn't have enough treaty right during your 6 years of marriage then don't complicate things the new wife should be your last option by applying for new RC.


good luck.

Thank you for your reply.

My ex doesn't want to help with any docs.

And after reading on the application forms, for retained right of residence, i will require most recent treaty rights proof before the divorce procedure which i don't have.

I am considering to apply RC with my new wife.

changed username to darmen2017

[too old]

first of all it would be ideal if you could get anything out of your ex and shoot for PR if you can remember that she worked for 5 straight years withe enough income.

if i understand correctly you been divorced in November 2015. how have you been still residing in the UK while divorced from first marriage and before you got married again.

obviously if you been working since your divorce look for ROR as WISE put it go keep depending on your current wife as a sponsor as a last option.

Thanks