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Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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As a non EEA Family Member - My Family Member 5 year

Customer Question

As a non EEA Family Member - My Family Member 5 year residence in UK is up in 20 June 2016. We have been informally separated since Sep 1 2013 when he officially moved out.
- I have been advised that the best option is for me to immediately file for Divorce and then Apply for my PR.
- This has been a shock due to the fact that I was told not to Divorce under any circumstances.
-There is a chance that the Decree Absolute will not be complete in time, by the time my PR application needs to be sent in and that it may very well be rejected because of this.
- If in fact the Decree Absolute comes through - And I file Retention Rights option for PR - Would I get my PR or would I get an Extension?
- The Divorce would be going through approx same time as my EEA Family Member Residence of 5 yrs is up.
- I am concerned that taking this route as legally advised puts me in danger of being here whilst having PR rejected and being here illegally even though I live, work full time here and am settled here.
- what is the surest and safest option in this complicated case?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Hello, I don't know who is telling you to apply immediately for a divorce but this is bad advice. I would sort out your Permanent Residency before you go getting a divorce. Be aware that it is only the final decree which would change your status and there is also the possibility of applying for leave to stay based on your previous relationship. However, it is foolhardy to put you staying in the UK at risk in the rush to get a divorce. Wait until your permanent residency is sorted out. Then you can get your divorce at your leisure without it affecting your visa and residency status.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Would my PR raise red flags because we have been separated, living separately for approx 2 years?The solicitor not only advised for rushed divorce, but also stated that the amount of proof from Myself and Husband would be needed to establish living together and the Immigration would be wondering why we are living separately etc and may deny me PR - but would be more compassionate if I filed for divorce and went with Right to remain Rention rights.
Expert:  Buachaill replied 1 year ago.
3. I know of no case where the fact you were living apart has been held against the applicant when applying for permanent residence. So long as you apply from the same address as your partner, then there is no problem. My own view is that this solicitor is being over meticulous and has got the wrong end of the stick. The UK Border Agency don't go round checking to see if every couple are living together. Living apart does not invalidate the spousal visa. So this is why there is no issue over it.
Customer: replied 1 year ago.
Ok this is new information. I am not sure what you mean by both applying from same address? Wouldn't we then be asked to show proof of living at the same address for those 2 odd years that we were not living together then or at least be subjected to provide proof? I do not think he would have a problem with putting the same address. However how it it that we are Both applying when it is an application only for me? I am the one in need of a PR as Non-EEA.
Expert:  Buachaill replied 1 year ago.
4. You won't be asked for proof that you have both been living at the same address when you apply. The UK Border Agency will only be interested in whether you have lived in the UK for the five years lawfully and without committing any criminal offence. However, I believe you will have to provide details of your non-eea spouse/partner visa. This will be how your spouse will be mentioned. HOwever, there is no proof required that you were living together. This is not required for proving that you lived lawfully in the uK FOR five years.
Customer: replied 1 year ago.
Am I allowed to ask you if you can handle my case?
Expert:  Buachaill replied 1 year ago.
5. I regret to say I cannot handle your case as I don't live in the UK. This is purely a Question & Answer forum.
Customer: replied 1 year ago.
Are you certain that they will not ask for proof documents of living together? I was told we need to show 6 different proofs of same address during period that we were living together. And if we put the same address it may look odd on application considering additional documents of last few few yearsbwould give away thatbwe clearly are not living together any longer.
Expert:  Buachaill replied 1 year ago.
6. I don't know who told you that you need to show 6 different proofs of the same address during the period you were living together. That is not correct. You merely need to show you were lawfully living in the UK.

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