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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 have been staying in the UK as a spouse of an EEA

Resolved Question:

Hello!
I have been staying in the UK as a spouse of an EEA National. My visa expires next year and as I understand I will need to apply for the Indefinite Leave to Remain.What documents I need and what requirements I need to fulfil to stay in the UK?
Thank you.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Thanks for your patience. Do you currently have an eea residence card? Kind regards Tom
Customer: replied 2 years ago.
I have a Residence Card of a Family Member of an EEA National.
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Just before you reach 5 years on your residence card you and your spouse should apply for “permanent residence”. This is effectively the same thing as “indefinite leave to remain” except that it is for EEA nationals and their family members.
Please find the page on applying as a family member of an EEA national here:
https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card
You will see that the page confirms how you should apply and provides a copy of the relevant form. If you click on the form you will be taken to a further page actually containing the form and the guidance notes from it. The guidance notes contain decent information of the documents that you will need to submit in order to prove your eligibility but there may be others depending on your personal circumstances.
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 2 years ago.
Thank you Tom! How it will affect my chances if I split up with my spouse and we decided to live apart. Officially we are still married and on good terms but I would like to apply for residency on my own.
Thank you.
Expert:  Thomas replied 2 years ago.
Hi,
If you lived apart because you were no longer in a loving relationship and divorce proceedings were commenced then you would have to apply to retain your treaty rights. You can only do this if you have been married for three years at the date that divorce proceedinsg are started and have lived in the UK for at least one year as a married couple.
You would then have your rights confirmed and would be able to apply for PR in your own right.
If you split up but divorce proceedings were not initiated but the home office were aware of the breakdown then your PR application would be refused.
Kind regards.
Customer: replied 2 years ago.
Before we split up we had been a married couple for nearly 5 years and stayed in the UK for 4 years . Would it be more beneficial for me to start divorce proceeding and will I need to go to my country where our marriage was registered or it's possible to do it in my Embassy in the UK?
Kind regards ***** ***** thanks for your help!
Expert:  Thomas replied 2 years ago.
Hi,
If you start divorce proceedings then you should instruct an immigration solicitor to also submit an application to retain your treaty rights at the same time.
You can divorce in the UK by simply petitioned your spouse for divorce via a UK court.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave feedback.
Kind regards,
Tom
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