EEA Family Permit and PR

[sshah20]

Hi All,

I am posting here on behalf of my friend who is Non EU national. He got his EEA family permit in October, 2012 on the basis of unmarried partner and then subsequently got married in July, 2014. His wife received PR recently and now not working. His question are as follows.

1. As his wife is not exercising treaty anymore, will this be problem when he apply for PR in October, 2017 after completing five year.
2. He also told me that their relationship is breaking down and want to file a divorce. His question is what would be his status after divorce before the compilation of 5 years period.

They are living togather for the last 7 years and has one daughter from the relationship. His daughter currently hold PR.

Please reply to this post and your help will be greatly appreciated.

Shah

[CR001]

He can only retain rights once married for 3 years.

He will have to make an RoR application.

[Obie]

If there is a child and arrangements are made for the child to stay in the UK and see the father, then the 3 years requirement is not applicable.

[secret.simon]

If there is a child and arrangements are made for the child to stay in the UK and see the father, then the 3 years requirement is not applicable.

But, would that not move the case from RoR under the Directive to a Chen/Zambrano "derivative rights not leading to settlement" case?

[sshah20]

Thanks CR001, secret.Simon and Obie,

Child will stay with his father as she is much more attach to his father.

As only few months left to his PR and wife is already on PR but has stop working recently after getting PR.
Suppose everything is fine between husband and wife and he complete his five years. Will it not affect his application for PR as his wife is not exercising anymore?

[secret.simon]

As only few months left to his PR and wife is already on PR but has stop working recently after getting PR. Suppose everything is fine between husband and wife and he complete his five years. Will it not affect his application for PR as his wife is not exercising anymore?

So long as wife has acquired PR status, she does not need to be exercising treaty rights any more.

Your friend needs to be in the UK for five continuous years as the spouse of an EEA Citizen who is either exercising treaty rights OR who has PR.

There is no need for your friend and his wife to live together, so long as both of them live somewhere in the UK and are not legally divorced.

[Obie]

If there is a child and arrangements are made for the child to stay in the UK and see the father, then the 3 years requirement is not applicable.

But, would that not move the case from RoR under the Directive to a Chen/Zambrano "derivative rights not leading to settlement" case?

No Secret Simon, it has nothing to do with Zambrano, and everything to do with Regulation 10(5)d(ii) or 10(5)(d)(iii).