EEA4 application confusion what route to go for

[Ranjha364]

Hi all,

I'm asking for advise from those who have been into a similar situation as myself, others are more than welcome to add if you please.

Situation:

I'm due to apply for PR in 2 months after 5 years of legally married to my EEA spouse having lived 3 of those years together.

Now the issue is that even though we have separated for coupla years but not divorced. Shall we process the divorce and then apply for PR or apply and don't tell that we have separated? Also I can only prove 3 years living together, I've been in full-time education since our separation.

She has been exercising the treaty rights though, just incase.

Your contribution is much appreciated in advance.

[Ranjha364]

And a very important question: does the qualifying period for Permanent Residence starts from the day of getting married to the EEA spouse or is it from the date when you receive the Residence Card?

Cheers!

[Nimitta]

And a very important question: does the qualifying period for Permanent Residence starts from the day of getting married to the EEA spouse or is it from the date when you receive the Residence Card?

Neither. It starts from the day both conditions are satisfied: you are married to EEA citizen, AND your EEA spouse is exercising his/her Treaty rights. And remember that EEA spouse have to exercise Treaty rights for 5 years.

[Nimitta]

I'm due to apply for PR in 2 months after 5 years of legally married to my EEA spouse having lived 3 of those years together.

I might be wrong here, but as far as I understand the regulations, until the decree absolute is issued you are husband and wife for all intents and purposes. Whether you live together is immaterial. Gurus, please, correct me if I am wrong.

[Ranjha364]

@Nimitta: I guess you didnt read the entire post, I mentioned that we are married as well as that my spouse is exercising the treaty rights also, we are just not living together for a coupla years. Just need to know when the qualifying period starts for PR having met the conditions. cheers![/quote]

[Greenie]

@Nimitta: I guess you didnt read the entire post, I mentioned that we are married as well as that my spouse is exercising the treaty rights also, we are just not living together for a coupla years. Just need to know when the qualifying period starts for PR having met the conditions. cheers!

[/quote]

nimitta has already answered your question. I guess you didn't read the entire post.

[Nimitta]

@Nimitta: I guess you didnt read the entire post, I mentioned that we are married as well as that my spouse is exercising the treaty rights also, we are just not living together for a coupla years.

Yes, I did read your post. Why do you think I didn't?

Just need to know when the qualifying period starts for PR having met the conditions. cheers!

The simple answer is: "When you met both conditions".

You wrote that your spouse is exercising Treaty rights, but it is important to know when exactly she started doing so. If it happened before you got married, than start counting 5 years from the date of marriage. If it happened after you got married, start counting 5 years from the moment she started exercising her treaty rights. The safest choice is the date of receiving Residence card or the date you sent the application for RC.

[ladipo]

I will like to know when i can apply for permanent residence or if i choose not to apply for permanent residence card and just wait for the 1 year after my 5 years rc.please find my story below.

I entered the UK with my wife in july 2010 and she started self employment in october 2010 , rc was issued may 31st 2011 please when do i start counting for permanent residence. marrige was outside Uk and in 2009.

[vinny]

hello everyone,

okay, just called home office to enquire about whether or not should I or can I apply for PR as I have been married (as a non-eea national) for 5 years to my eea nat spouse. what theyre asking me to do is to proceed with divorce if I wanted to have any chances of getting PR as we're not living together for last couple of years or its gonna be tricky and could take forever and not having any fruitful results. okay the guy was nice and was probably trying to help but why on earth divorce.

okay, now my question is:

what if I dont tell home office that we have been separated but show the different address for those 2 years and provide a good reason for not having the same address i.e. education etc. could it work?

and the second question is that having married for a total period of 5 years, 3 together, 2 separated; what kind of visa am I gonna qualify for, for instance is it gonna be PR or retain of residency thing in which case they slam another 5 year visa on my passport and im stuck for another 5 years.

and last but not least, am I gonna need health insurance in any case?

cheers guys, amazing platform!!

As I said before on this site, don't just accept whatever UKBA or the Home Office tell you.

So you did the right thing to write in and ask.

Maybe the experts need more information to give a better answer.

What have you already told UKBA about your relationship?

Are you still on amicable speaking terms with your spouse?

It would make life simpler if you had her help in supporting any application for PR by her supplying the documentary evidence to prove she has been exercising Treaty Rights for the previous five years and you will also need to prove your five years of residence too.

Could UKBA find evidence to represent your relationship as a bogus marriage? It's not an accusation, but it's how UKBA often view things.

Your rights are based on your partner as she is the EEA sponsor.

Has she exercised Treaty Rights for five years and you and your wife have not been an " unreasonable burden" by using public funds? How did she exercise Treaty Rights? Do you have documentary proof for the five years?

Proof of Comprehensive Sickness Insurance is required if Student / Self-sufficient applicants. Workers don't need it.

Five years residence in itself does not mean you qualify for permanent residence. You must have been "living in accordance with the Regulations".

I've read several posts about UKBA demanding evidence when the separated partners are hostile to each other and so one won't give any documents to support the other's case with UKBA. Unpleasant and difficult.

Lots of married couples get on each other's nerves when living together, that's very common. Though you live apart does not mean you must divorce. How you live your lives as a married couple is up to you and your wife.

Are you legally separated as in the sense that lawyers are involved or you have made declarations that your relationship has ended (with a date of separation) to any Govt departments ?

They can't just stick whatever sticker they think is appropriate in your passport.

If you want to apply for proof of PR as non-EEA then complete an EEA4 application. They either accept or reject it.

What they give is a document confirming your PR. You acquire PR then apply for proof confirming it, if you want to.

They won't give you another EEA2 unless you apply for one.

Hope that's something to start with, so the experts can give more specific answers.

Maybe they are sweet talking you and suggesting you get divorced, so it is much easier to deport you, if it turns out you haven't acquired PR.

There's no guarantee you would get another Residence card either if the UKBA say you are not living according to the Regulations and your wife is no longer sponsoring you under EU law.

It is very much harder to deport the spouse of an EEA national, so that's why there are so many bogus marriages between non-EEA nationals and EU nationals and that's why the UKBA try to stop the bogus marriages BEFORE they take place.

I am not suggesting your marriage was bogus, but highlighting that divorce would probably very much weaken your case for any sort of residence card, not make it easier for you.

See also [url=http://www.bailii.org/uk/cases/UKUT/IAC ... urkey.html]PM (EEA – spouse –“residing withâ€

[Ranjha364]

Thanks for redirection. I have just read the case posted by vinny. The Turkish national who married her Italian husband but were separated after 3 years but stayed married is pretty much the same as my case. I notice that judge described living "with EEA national" does not necessarily mean under the same roof in a household. How much of that is true? In that case I don't really have to proceed for a divorce. Confused :S

[Morpheo]

Be aware that you will need to prove that your wife is exercising the treaty right for full 3 years and you would need to submit this proof which means that cooperation from your wife is necessary.