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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3627
Experience:  English Solicitor and UK Immigration Law Expert
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5 years residence completed in UK as non-eea Family member

Customer Question

5 years residence completed in UK as non-eea Family member in June 2012.
Seperated May 2012 , havent applied for divorce.
Wife has been excercising treaty rights for 5 years continuesly.
Can i apply for permant residence inspite of Wife not supporting the application?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 2 years ago.

Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

 

 

There are seven requirements you need to meet before you apply:

  • You must be aged 18 or over.
  • You must be of sound mind.
  • You must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK.
  • You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
  • You must have sufficient knowledge of life in the UK.
  • You must be of good character.
  • You must meet the residential requirements (see below).

Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:

  • been resident in the UK for at least five years (this is known as the residential qualifying period); and
  • been present in the UK five years before the date of your application; and
  • not spent more than 450 days outside the UK during the five-year period; and
  • not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
  • not been in breach of the Immigration Rules at any stage during the five-year period.

 

Please remember to rate my answer POSITIVE so that I am credited for my time. Thank you.

 

The question does NOT close and you can ask follow up questions.

Customer: replied 2 years ago.

I needed advice under EU regulations. spouse is eu national.

Expert:  UK-Justice replied 2 years ago.

The law is the same as EU citizens are permitted to settle within the UK.

 

They are allowed to move freely and settle in any EU country,

 

Please remember to rate my answer POSITIVE so that I am credited for my time. Thank you.

 

The question does NOT close and you can ask follow up questions.

Customer: replied 2 years ago.
Relist: Inaccurate answer.
Expert:  UK-Justice replied 2 years ago.

I see.


Why is it inaccurate?

Customer: replied 2 years ago.

You havent mentioned anything about treaty rights. In order to make an EEA 4 application do i need my partners support /documents when applying?

Expert:  UK-Justice replied 2 years ago.
Actually I have seen you have only accepted 1 answer before so I am going to opt out.
Customer: replied 2 years ago.
Relist: Inaccurate answer.
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am happy to deal with your UK immigration law issues.

How long have you been married for?

Thank you
Customer: replied 2 years ago.
5 years
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

It appears that you do qualify for permanent residence based on your retained rights to residency. You do not need your spouse to support your application.

You need to submit form EEA4, see Section 4 which is of particular importance to you:
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea41.pdf

Hope this helps
Customer: replied 2 years ago.

We are only seperated and there is no divrce filed yet. Also EEA 4 require partners ID.


In order to retain right of residence ,divorce must be initiated but now that i have completed 5 years of residence I assume i qualify for permanent residence?????


 

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

If no divorce proceedings are filed, you may claim that you qualify for permanent residence in your own right. The form to complete still remains EEA4.

You should send in a covering letter explaining why you are unable to submit your spouse's documents.

Hope this clarifies. Please leave positive feedback

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