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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7613
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I was granted 5 yrs Leave to Remain in the UK as a spouse of

Customer Question

I was granted 5 yrs Leave to Remain in the UK as a spouse of an EEA national from whom I am now separated due to his Domestic violence towards me.
I am now about to apply for ILR, and please tell me -(a) which Form should I use for my application and (b) how much is the fee?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
If you are married to an EEA national then you should have an EEA residence card, which lasts for 5 years. This is different to a spouse visa, because it's based on EEA rules and not the UK immigration rules.
If under EEA rules then a non-eea spouse would usualy apply for Permanent Residence, which is the EEA equivalent of ILR. The page on this is here and it costs £55:-
https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card
However, in order to apply for PR you would have to have the consent of your spouse and still be in a relationship with them. If you are not together then you would first have to apply for "retention of your treaty rights" before you can apply for PR.
This is confirmed at 6.1:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264944/chapter2.pdf
To apply for this you must issue divorce proceedings, have been married for 3 years and spent at least one year married in the UK with your spouse.
Once you have applied for this and retained your rights you can then apply for PR using the above form.
Kind regards,
Tom

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