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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I spend 10 years in UK 5.5 years student visa and 4,5 years

Resolved Question:

I spend 10 years in UK 5.5 years student visa and 4,5 years as family manner of an EEA national exercising her treaty rights but now we are separated and getting devoice . can I apply for my 10 years log President ilr when my wife (EEA national ) not ready to give me here document to prove that she is exercising her treaty rights .
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanksfor your patience.
Has a divorce petition been issued yet?
Tom
Customer: replied 1 year ago.
Yes. Case is in the court I'm waiting for degree for divorce .petition isuued on 4th June 2015 .
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
If you have been married to your EEA nominal spouse for more than 3 years and have spent more than one year in the UK when divorce proceedings are commenced, then you should apply to retain your rights of residence providing that your EEA spouse has/is exercising their treaty rights in the UK . This is open to non-eea nationals who divorce their eea spouse subject to the above time limited.
Please refer to the box on page 19 of the following page for confirmation of this:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421235/Retained_Rights_v2_0.pdf
Therefore, assuming you meet the time requirements you should apply for this now. Once you have retained your rights of residence your status in the UK is secure and you can apply for Permanent Residence once you reach 5 year since you originally obtained your eea residence card. Once you have PR you are completely secure 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.
We married in June 2010 its more then five year's all ready . my problem is I don't have evidence to prove that my spouse is exercising her treaty rights coz she has all documents . and as you said ( I need to provide evidence for it ) how can I do that with out her help and as I told you she is not ready to help.
My 10 years are completed in august in UK
Expert:  Thomas replied 1 year ago.
Hi,
The documents that you need to apply with are contained at the last box on page 23:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421235/Retained_Rights_v2_0.pdf
However,if you see page 27 of the same guidance there is a passage which states that the applicaiton cannot be refused simply on the basis that the document has not been provided, as long as there are valid reasons for not providing it.
You will further see at page 31 there is a passage relating to where the relationship has broken down acrimoniously. You will see that the case officier has to adopt a pragmatic approach.
You should explain clearly what has happened and provide as much information as possible as you can about your spouse.
Ultimately, the relationship has broken down and you need to make an application as soon as possible.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
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