Non EEA Spouse PR Forms Query

[smITbd]

I am in a critical situation and applied for Non EEA Family Member PR on 18th October 2016.
- I have married in 2010 and EEA National and EEA2 Residence Card Issued on Nov 2011 after that I lived 3.5 Years with my spouse
- My Residence Card expired on November 2016 and applied for ILR PR on 18th October 2016 based on lived 3 years with spouse
- My marriage still valid in UK as we separated and my spouse applied to Family Court to Nullity Petitions to Void my marriage showing some false statements
- I have given my bio metric on 2nd November
-Received COA on 10th November 2016 with Work Permit mentioned they will process within 6 months
- April 2017 will be 6 Months
- Court still on-going … and I believe it will be more than April 2017
Anyone kindly advise me; will be granted ILR as my situation is worse because of court.

Many thanks

Kind regards

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

You are applying for confirmation of PR not ILR.

If still married you are required to show 5 years of continuous evidence in order to have any acquisition of PR confirmed; this includes evidence of sponsor's exercise of treaty rights for 5 years if sponsor is not settled.

If married in 2010 you may have acquired PR in 2015 (depending on your spouse/sponsor) so anything that happens after that is immaterial.

[smITbd]

Hi Noajthan
Thank you very much for your reply. We are divorced that is true; and my wife still living in UK and working full time. I dont have communication with her can see her only court. Thats why I have all the documents only for 3 years as we were lived together and that what I have submitted to UKBA as supporting docs. Also in my cover letter I asked UKBA to inquiry sponsor's exercise of treaty rights and job details. Do you recon how much effective it will be.

Many thanks once again

[noajthan]

Hi Noajthan
Thank you very much for your reply. We are divorced that is true; and my wife still living in UK and working full time. I dont have communication with her can see her only court. Thats why I have all the documents only for 3 years as we were lived together and that what I have submitted to UKBA as supporting docs. Also in my cover letter I asked UKBA to inquiry sponsor's exercise of treaty rights and job details. Do you recon how much effective it will be.

Many thanks once again

I'm not clear if you're still married or not as you originally said:

My marriage still valid in UK as we separated ...

Anyway you may have acquired PR status during 2015 (5th anniversary).

Yes, HO can make enquiries on your behalf, as per UK Borders Act,2007.

[smITbd]

Hi Noajthan
Thank you very much for your quick replay. Sorry it is my mistake we are separated not divorced. But if the Marriage will be void by court as she applied; do you think I have any possibilities to get PR.

[noajthan]

Hi Noajthan
Thank you very much for your quick replay. Sorry it is my mistake we are separated not divorced. But if the Marriage will be void by court as she applied; do you think I have any possibilities to get PR.

Under EU law you are still married until divorced; co-habitation is not mandatory.
So it is possible to acquire PR even whilst separated.

Assuming you are non-EEA and spouse is EEA sponsor, its possible you had acquired PR by 5th wedding anniversary (in 2015); assuming sponsor was qualified person and neither party has enjoyed prolonged absences fom UK.

If now estranged there are ways and means for HO to collate evidence from and about your partner.
Suggest give it your best shot.

[smITbd]

Hi Noajthan
Thank you very much once again. Now, all of my confusion has cleared.

Kind Regards

[smITbd]

Hi Noajthan
I have one more question!
Based on above situations; I will granted PR; and If my marriage get void or annulment; will I loose my PR.

Because I am expecting my PR to receive by end of Feb 17, but court will go more than that.

Please advise

[noajthan]

Hi Noajthan
I have one more question!
Based on above situations; I will granted PR; and If my marriage get void or annulment; will I loose my PR.

Because I am expecting my PR to receive by end of Feb 17, but court will go more than that.

Please advise

PR status does not get taken away again if you happen to divorce.
PR is governed by EU law and your domestic status is immaterial.
Once it has been acquired then PR status can only usually be lost if you leave UK for 2 years or more.