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PR - non-EEA national and my sponsor is a British National divorced 10 years ago

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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jenny001
Newly Registered
Posts: 8
Joined: Thu Jan 24, 2019 5:43 pm
United Kingdom

PR - non-EEA national and my sponsor is a British National divorced 10 years ago

Post by jenny001 » Thu Jan 24, 2019 7:52 pm

Hi Guru,

I am a non-EEA national and married to a British National and we lived in Germany before we moved to the UK. I just applied my PR application under EEA Surinder Singh Route through a solicitor. I have few questions about my application:

1. My husband is a British National but he also holds an Australian passport. He married to another Australian in Australia then moved to UK 10 years ago. However, the marriage went not very good and they finally divorced. The certificate of divorce is from the court of Australia. While they lived in the UK, my husband’s ex applied for her PR successful but not citizenship.
I provided my husband’s certificate of divorce original and provided the information about this marriage that the application asked for.

Question: Do I need to provide my husband’s ex-wife ID as I saw another post the application refused because the applicant hasn’t provided the ex’s ID?


2. Is there a minimum wage requirement in the UK for applying for Permanent Residency when we were living in the UK in the past 5 years? I asked because my husband had a full-time job until he set up his own company 2 years ago. He is getting a small amount of salary from his own company, while it is still in the developing stage. We both have taking dividend as we are the company’s directors, plus I have my own full-time job. The amount of earning between both of us I am sure it is enough to show that we earn enough.
I was just wondering if there is a boundary that how much is the minimum?

3. On the application form, I put the representative as my solicitor’s name and the firm details. However, I want to swap to another solicitor. Is there any possibility I can change it now?


Can anyone give me some thoughts please?

Keston2001
Newly Registered
Posts: 20
Joined: Wed Nov 28, 2018 10:28 am
Guinea

Re: PR - non-EEA national and my sponsor is a British National divorced 10 years ago

Post by Keston2001 » Thu Jan 24, 2019 8:29 pm

You don't need to show minimum or maximum in EEA applications just make sure you have been married for 5years and he has been working or self employed for 5 years (treaty right )and you are good to go

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: PR - non-EEA national and my sponsor is a British National divorced 10 years ago

Post by kamoe » Thu Jan 24, 2019 10:49 pm

jenny001 wrote:
Thu Jan 24, 2019 7:52 pm
Do I need to provide my husband’s ex-wife ID as I saw another post the application refused because the applicant hasn’t provided the ex’s ID?
No.

What is relevant is the ID of the EU national who is involved in the application, either as:

a) sponsor to the applicant (spouse) or
b) former sponsor to the applicant (ex-spouse).

What you have seen is probably the case where someone is applying for Retained Right of Residence after being married to an EU national, then divorcing that person. In their case, their ex is their former sponsor (case b) above), and thus the ID of the EU national from whom the applicant has divorced is needed. That is, the applicant's ex, NOT the applicant's spouse's ex (that would be hell, can you imagine how many people could actually be in a position to do that???)

In your case, you are still married to your sponsor, and their ID is the one that's relevant. Your case is a).
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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