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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
This does not seem like a Zambrano case, it is more like a Chen case. It does not lead to PR under EU law, but may well do in regards to Long residence.secret.simon wrote: ↑Tue Nov 07, 2017 6:15 amObie, would this Zambrano-like right of residence lead to PR in five years or would the OP have to go for ILR after 10 years Long Residence?
Obie wrote: ↑Thu May 17, 2018 10:09 amThat lawyer does not seem to know what he is doing. It will all end in failure. No retained rights without a divorce under regulation 10(5), even if you were a victim of domestic violence.
Difficult to see you meeting regulation 10(4), as I doubt your child will meet regulation 10(3), giving the fact he is in Nursery.
secret.simon wrote: ↑Wed Jul 18, 2018 11:57 amWhat is the status of your divorce proceedings? How long has the gap been between your wife leaving the UK and returning? Had she already acquired PR in the UK before she had left?
Has she exercised treaty rights (worked, sought work, studied with private health insurance or been self-sufficient with private health insurance) for five continuous years before she left the UK?
secret.simon wrote: ↑Wed Jul 18, 2018 12:09 pmHas she exercised treaty rights (worked, sought work, studied with private health insurance or been self-sufficient with private health insurance) for five continuous years before she left the UK?
If she has been away for two years, that likely means that your PR clock has been reset to zero and will start afresh when she resumes exercising treaty rights in the UK.
You should care, because your rights in the UK are likely to derive from her rights in the UK.
You are probably better off keeping the old RC (you do not have a PRC) and then applying for "pre-settled status" before it expires.