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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am late applying to the Home Office for my Permanent Residence what

Resolved Question:

I am late applying to the Home Office for my Permanent Residence
what should I do?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Are you the spouse of an EEA national?
Do you plan to divorce?
How long will be it before you get a new passport?
Kind regards,
Tom
Customer: replied 2 years ago.

Yes I'm a spouse of an EEA national and I'm planning a divorce before applying to the Home Office - but my 5 years runs out by 23/01/2015.

It may take up to 2 months to get a new Passport

Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
How long have you been married please?
Has the divorce petition been issued yet?
Kind regards,
Tom
Customer: replied 2 years ago.

We were married for almost 3 years then we separated because of his Domestic violence.

I have just issued the divorce Petition

And I'm due to put in my application for my new Passport

Expert:  Thomas replied 2 years ago.
Hi,
What date did you marry?
I have a short meeting for 390 mins, I should be able to answer after then and after you have replied...
Kind regards,
Tom
Customer: replied 2 years ago.

I was married on 14th March 2009

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you have already issued divorce proceedings then you will have to apply for a retention of your treaty rights before you apply for PR.
This is because you are separated from your wife. Please refer to section 7.1 of the following link for confirmation:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264944/chapter2.pdf
This is further confirmed here: https://www.gov.uk/apply-for-a-uk-residence-card/eligibility
See “retained rights of residence”.
If you have not got your passport then you have no option but to wait. The good news is that if the home office is not aware of your separation because neither you/your wife have told them then the fact that your residence card expires does not mean that they will take action to deport you.
Applying for a residence card is not technically a mandatory requirement – this means that you have the right to stay in the UK if you are married to an EEA national. A residence card is just proof to show employers and so that you don’t have to apply for a family permit each time you leave the UK and attempt to re-enter.
The situation is not ideal because of the passport, but once you get your passport if you are able to show that you could not have applied earlier because you did not have a passport the you should still be okay.
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
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