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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have been married to an European national since September

Customer Question

I have been married to an European national since September 2008 but separated since April 2013 - my wife made it intolerable to live with and since leaving the house I pay for the mortgage as my baby lives there with her. I see my child three times a week and my name is ***** ***** birth certificate - I have recently asked my wife for her to sign an application form for me to apply for permanent residency and she has said no because we were not living together for the last two years..... What are my options? I need to stay here for my daughter and also I am nearly qualified as a nurse. Is my wife signing the only way for PR?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
Are you all based in the UK?
Are you on an EEA residence card?
How long have you lived in the UK please?
Kind regards,
Tom
Customer: replied 1 year ago.

Hi,

Thank you for your message.

Yes we are all based in the UK - I came to UK in 2005 (from India) on a working visa and then married my wife (who's polish) in 2008 - since then Ive been here on a marriage visa.

I have worked full time since arriving in UK.

The last few months me and my wife have tried to resolve things (for my daughters sake) but cant - its impossible.

My wife has refused to participate in me applying for PR - she is so angry with me.

I am worried that without her help my chances of getting PR are reduced.

Thanks again

Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
If you are not together with your wife then it's fair that she will not sign your application for permanent residence.
However, the option for you is to apply for a retention of your treaty rights. This is where you still have the right to stay in the UK even though divorce proceedings have been issued or if you have actually divorced.
This is under regulation 10(5) of the Immigration (EEA) Regulations 2006. In order to qualify you must have been married for 3 years and have spent more than 1 year married in the UK. Obviously you meet this criteria.
Once you have retained your rights of residence, you can then apply for permanent residence, which is of course the right to stay permanent in the UK.
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 1 year ago.

Thank you for your reply.

I was not aware of this as an option and it has given me some hope.

I appreciate your reply and that you are able to clarify and follow up questions I have;



  • How do I start to apply for retention of treaty rights?

  • How much does this cost approximately?

  • Do I need to divorce first or at the same time?

  • Will I need my wifes wage slips etc to prove shes been working in UK for this process?


Thanks again

Kind Regards

Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
I will be able to answer at 10am
Tom
Customer: replied 1 year ago.
Hi Tom. Please can you answer my follow up questions before I rate your service - I paid £26 and after answering you said you would be happy to answer follow up questions.
I would be grateful for your reply
Kind regards
Expert:  Thomas replied 1 year ago.
Hi
I'm sorry that I forgot to reply.
I'm on my way to work and will be able to answer at 9 a.m.
Tom
Expert:  Thomas replied 1 year ago.
Hi,
Sorry for the delay again.
You have to apply to retain your rights of residence by using the same form that you use when you apply for a residence card:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/414045/EEA_FM__04-15.pdf
It costs £65 to apply.
You need to commence divorce proceedings before you apply but you do not have to have finalised them (ie. you do not actually need to be legally divorced but you must have issued the divorce petition.
You have to show that your wife is exercising treaty rights so you may have to provide wage slips..
Tom

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