Non EEA national Retain residency after relationship ends

[Yach]

I cannot find anyone in my situation, please help if you can.

I--non EEA
My ex-fiance--EEA with PR in the UK

We did not get married, but were living together for three years.
I was granted Resident Card.
He was sent aborad to work last year (with initial contract of 12 months). I thought he would come back so did not mind it. However, he now decides not to come back anymore. We broke up recently.

Now, the question is would I be able to retain my residency?

1) We are not married, although the relationship did last for more than 3 years.
2) He was not here to exercise his treaty right in the last 12 months, although he had been granted PR.
3) I have a quite reputable full time job but no family member, no property and no children.

Please help. I am feeling really unlucky now....

[Obie]

This is quite a tricky one, on the one hand, you are an extended family member who became a family member on insuance of a residence card.

Extended family members cannot retain rights of residence, except if the EEA national on whom they depend died during the period they were exercising treaty rights in the host member state, or they have child/children who is/are attending school in the Host member state.

In actual fact, the HO would expect you to live continuously with your EEA partner, for the full 5 years in the UK inorder to qualify for PR.

They will not request evidence of exercising treaty rights, as your partner, has secured PR, however they will need some form of proof, together with his PRC showing you have lived together for a period of 5 years in the UK.

I hope this answers your question. I wish you all the best in your endeavours

[reda]

They will not request evidence of exercising treaty rights, as your partner, has secured PR, however they will need some form of proof, together with his PRC showing you have lived together for a period of 5 years in the UK.

hi Obie,
my wife an eea national who has secured PR last month,and i'm (non eea) going to apply for PR after 1 year half,I wondering if i need her documents that show she was exercing her treaty right for the last 5 years.

thank you.

[Obie]

Reda, you do not need evidence the EEA national has been exercising treaty right, if the person has right of permanent residence.

All you need to show is evidence that they are someone who has secured a right of permanent residence, and evidence you have been in the UK with that person for a period of 5 years.

A letter attesting that you spouse has secured Permanent Residence Certificate and evidence you have been in the UK for 5 years should do.

[reda]

Reda, you do not need evidence the EEA national has been exercising treaty right, if the person has right of permanent residence.

All you need to show is evidence that they are someone who has secured a right of permanent residence, and evidence you have been in the UK with that person for a period of 5 years.

A letter attesting that you spouse has secured Permanent Residence Certificate and evidence you have been in the UK for 5 years should do.

hi obie,thank you for your reply,
it's mean no probleme if my wife stop working after getting her PR and in that case no need to buy CSI to submit my application after one year from she has right of permanent resident(or it must at least 2 years ) .