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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 402
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have a complicated situation, and after meeting a solicitor

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I have a complicated situation, and after meeting a solicitor to start the process, I walked away very distraught due to conflicting legal advice I have received and followed last few years to ensure I was taking all necessary steps leading up to PR in complicated situation. No I am asking someone on here a 2nd opinion to have more confidence in what I was told yesterday with very constricting time limits if I decide to go this route.
I am a non-EEA family member of a Swiss national.
We married in Dec 2010. I came back to the UK ( which I was living before marriage where I met spouse) We married in USA. I came back on Family Member Visa/residence, and applied for the Family Member residence that is valid for 5 yrs.
My husband and I lived together as a married couple up until he officially moved out Sep 2013. We spoke about separating the months before and agreed it was not working. We have stayed in contact and agreed to make it work on friendlier terms which was easier over time - although I have been dealing with it on more emotional terms due to lasting emotional pain and feeling of abandonment, betrayal etc.
Nevertheless, not long after moving out, separated husband got another woman pregnant.
He has since had this child and I have remained in touch on friendly level with Him, his new partner and the child. Although with a bit more distance.
My non EEA family member residence is up for (Permanent Residence) application in 20 JUN 2016.
And yesterday I was told I should have filed for divorce years ago, even though I spoke with Womens legal Aide before the separation was discussed to know my rights - and I was told under no circumstances should I file for divorce otherwise I would be forced to leave.
Last year, another solicitor said after I gave the whole story said, it was not possible to apply earlier and did not suggest divorce. However told me to get husband to fill out a form and apply for Swiss national exercising right in UK id. So he did it and I was told this would begin my preparation for the coming year.
Yesterday I was told that this document was worthless as it only established husband living here for 1 year, even though he has been exercising his right to live here for approx 13-15yrs.
I need to know what advice and steps I should take in your expert opinion as I need to compare and contrast what exactly I was told with what you advise.
I was told I have two options and the one I was advised was to get divorce straight away - and hope that the decree absolute is in time to put with my PR application. This made me emotional as it is the opposite of what I have been advised. The solicitor said my application would likely be denied if it isn't in on time.
Option B - provide approx years proof that we were living at same address - which is almost 3yrs roughly. and provide 6 different versions of this proof from both sides over that period.
I was told that this would raise questions due to the fact that we were not living together for last 2.5 years approx and was advised that this would be potentially difficult as EU law as Non EEA Family Member divorced is more compassionate. I have read and have additional questions but wait for you to respond first if that is ok.
I do not know if this matters but I myself have been in a serious relationship for just over 2yrs myself. I work, permanent employee and subcontracted to NHS on rolling contract.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry. Please note that we cannot give advice on JA - just information. There are 2 issues in the mix here hence your confusion. The first is the retained rights of residence which a family member of an EEA national may retain where s/he ceases to be a family member of a qualified person on termination of their marriage. The second is that a family member remains a family member of a qualified person as long as their marriage legally persists and can still benefit from EU rights. So the fact that a couple are separated does not break the link for the purposes of EU law. These options would have been assessed on the basis of your circumstances and told to you and hence the confusion now. If your husband made the correct EEA application and the application was successful, he would have been granted a document certifying permanent residency as he has been in the UK for 13 years. An EU registration certificate or a residence card has its worth so wouldn't say it is worthless. Having said that applying for an EU registration certificate or a residence card is not mandatory as it only evidences the rights of a qualified person and their family members and does not create the rights. There is no time limit on a document certifying permanent residency. Family members however are given 5 years, which is true in your case. If you are in a serious relationship and your partner is a British citizen, you may also have other options. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
I was told by Solicitor 1 year ago to get husband to apply and I was told Friday it was not the correct one as it only establishes 1 yrs worth of evidence it appears to look like this is not the right document. It just merely establishes he is exercising his right here. I do not believe it is the correct document. How would he apply for permanent residency as a EEA Swiss national? It that what would be required?Another question answered by suggested that filing for divorce before going for my PR would be foolhardy.But I am trying to establish the best way to do this and how getting conflicting information I am trying to figure out what is safest way for me to go about this without putting myself in danger of rejection for PR etc.I am trying to also see if the solicitor was giving me bad advice by going on this forum to get a second opinion.
Customer: replied 1 year ago.
Oh and the serious relationship I am in is with EU national, Italian.
Customer: replied 1 year ago.
I am trying to rate you but the stars are not lighting up.... can you send me a link to rate you?
Expert:  Frantz I replied 1 year ago.
HelloYou will need to provide evidence of your husband being a qualified person for 5 years. If he already has a registration certificate that in itself evidences your husband is a qualified person. A person is a qualified person if s/he is exercising treaty rights in the UK. Having a registration certificate makes it convenient to apply for PR. He does not have to apply for PR but in order for you to apply for PR you need to show that you have been a family member of an EU national exercising treaty rights and you have been a family member for at least 5 years. I cannot comment on what advice you have received from your solicitor but it sounds to me that you have had information overload from different sources and the information you received are not necessarily incorrect as it just depends on your circumstances and EU law can be complicated. The information I have provided here is based on the information you have provided and we don't give advice on JA. If you have been to see a Solicitor and he has given you advice, he would be in the best position to assess your circumstances than anyone here anyway. Perhaps you might want to contact your solicitor for further clarification. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
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