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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7609
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I would like to inquiry about my right for residency. I am

Resolved Question:

I would like to inquiry about my right for residency. I am currently on a EEA family permit visa for 5 years. Unfortunately our marriage doesn't work out the way it should be, and I am going to apply for divorce. I am worry once we have divorce I have to leave the country immediately.
As I have live in the Uk for 7 years now, I came to UK as a student. Me and my husband had been married for 3 years and 5 months and my EEA family permit visa will be expired on November 2018.
I am just wondering if me and husband have divorced, can I apply for permanent resident as an individual?
Many thanks in advance and looking forward to hear from you soon.
Best regards,
Vivian
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Thomas replied 10 months ago.

Hi

Thanks for your question. I will try to help.

If you have only been on your EEA residence card since November 2014 then you will not be able to apply for permanent residence yet.

If divorce proceedings have not commenced yet then you would be eligible to apply to retain your treaty rights when they are. If you do not apply to retain your treaty rights then your status in the UK is at risk.

Usually when an EEA citizen divorces a non-EEA citizen on a family permit a non EEA citizen loses their right to stay in the UK.

However, under the Retention of Treaty Rights Rules, if you have been married for three years and have lived one of the years in the United Kingdom together by the time that divorce proceedings have commenced then the non-EEA national can apply to retain their rights.

This means that you would make an application so that you would be able to stay in the UK after you have retained your rights up to the period of time that you need in order to apply for permanent residence.

You would have to apply to retain your treaty rights only once divorce proceedings have commenced and can do so using the following form:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/528255/EEA_FM__06-16.pdf

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 10 months ago.
Hi Tom,Many thanks for your quick reply. I just checked my EEA family permit. I actually received the permit on November 2013, in this case can I apply for permanent residence?
Expert:  Thomas replied 10 months ago.

No. You can only apply for PR once you have been in the UK for 5 years under EEA rights. The time you spent previously as a student on student visa does not county because this would have been under the immigration rules which are different to EEA rights.

If you switched to an EEA residence card and started living in the UK under eea rights in November 2013 then you would only be able to apply for PR (assuming that you retain your treaty rights) in November 2018.

Please remember to leave feedback,
Tom

Expert:  Thomas replied 10 months 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 positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 9 months 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 positive feedback using the stars at the top of the page.

Kind regards,

Tom

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