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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear Sirs I am applying for extension of my residence card

Resolved Question:

Dear Sirs
I am applying for extension of my residence card following a divorce from an EEA national (Italian). I am a non-EEA national myself (Ukraine). I have been in the UK for 4.5 and married for almost 5 years. I currently have an EEA residence permit until Nov 2015 which obviously becomes invalid as soon as decree absolute comes through. A solicitor is dealing with my case at the moment, insisting that I should complete EEA4 form because it relies on my ex-husband being in the UK for over 5 years (?) Anyway, with all the respect, I question this because the EEA4 form itself states that I should be in the UK for over 5 years to be able to apply for permanent residence. Please can you help me understand. I may be missing something my solicitor is aware of.

Thank you
Kristina
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Hi Kristina

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I’m afraid that I have a different view to your solicitor.

My view is that because you have not been here for 5 years you do not yet qualify for Permanent Residence. If you did qualify for PR then you would use Form EEA4.

My view is that because you are divorcing but yet to reach 5 years in the UK you should be applying for the retention of your treaty rights. To do this, you would have to submit the same form as you did for your original residence card but also completing the part of the form that relates to retention of treaty rights (section 4). This form is is EEA2.

There may be other particular facts to your case that the solicitor is aware of which I am not because they have taken your detailed instructions and I have not, but the above is very much my view of the situation.

I would put this to the solicitor and ask why the facts of your case have given him a different interpretation.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.

The main explanation from my solicitor was that my ex-husband stayed and exercised the Treaty Rights in the UK for over 5 years so this applies to me now. Makes little sense to me because from what I can see, the only difference between EEA2 and EEA4 is the applicant's 5 year stay condition. There are no other specifically relevant details to my case. The only additional significant detail is that my ex-husband is being made redundant, which still doesn't make much difference to the form to be used.

Expert:  Thomas replied 3 years ago.
Hi,

No, I really don't think that's correct.

You have to have a period of residence of 5 years to qualify. You cannot use someone else's and I don't think the divorce makes a difference.

The redundancy doesn't make a difference either. I would ask them specifically to refer to what they are relying on and get them to confirm they have specifically acted in the circumstances that you have to the successful end. I don't think they will be able to,

Kind regards


Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much, Tom

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