Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 7 of 7 Posts

·
Registered
Joined
·
7 Posts
Discussion Starter · #1 ·
Hi everyone,

I am new to this forum.

Please I am holding an EEA family permit, married to an Italian, originally from Malaysia. We married on 20th May 2013 and got my EEA family permit on November 2013, however we separated this March and on the very early stage of divorce at the moment.

I am aware that I will be able to apply to retained my residency once our divorce had been finalised. However I am very worry if I would be able to apply for permanent residence on my own after my EEA family permit expired by 2nd November 2018 as my husband no longer be my sponsor.

I have always been working since I have graduated in Uk in 2011, am previously holding Tier 4 and post study work visa before I got my 5 years EEA family permit.

I will be extremely grateful if anyone can help me. Thanks!
 

·
Registered
Joined
·
39,103 Posts
First, you aren't on EEA family permit, which only lasts 6 months, but residence card valid 5 years.
For retained right of residence, on the day your marriage ends (decree absolute), your ex-partner must be a qualified person in UK, you had been married at least 3 years before proceedings began , and you have lived with your partner for at least a year in UK. Once you gain retained right of residence, you can apply for permanent residence after 5 years in UK, and your ex's status is irrelevant.
Hopefully, all this will be sorted before UK leaves EU in March 2019, because the state of play following Brexit is at present unclear.
 

·
Registered
Joined
·
7 Posts
Discussion Starter · #3 ·
Thanks for your quick advice Joppa. Yes we had married for 4 years and have lived together for 4 years before we agreed to divorce. Following with the permanent residence card, which I suppose I will still need to apply under the EEA/EU section because I am currently holding the EU family residence card. And there will be no option for me to apply the permanent residence card in person but by post and the process might take up to 6 months. Also as I will not need my ex to sponsor me in order to apply for permanent residence card, is that a salary range I need to be on per annum in order to apply? I am so sorry for the pain, as I couldnt see any information regarding the salary range on the gov.uk website. I just want to get everything ready beforehand than in a rush by then. Thanks again.
 

·
Registered
Joined
·
7 Posts
Discussion Starter · #4 ·
Retained rights of residency

I am holding an EEA family permit and will be expired on 2nd November 2018. However me and my ex husband has separated from this March and ongoing divorce. Now on the stage of Decree Absolute. I presume the divorce will be finalise by end of this year or around January/February.

I have meet all the requirements to apply to retained my residency after the divorce has been finalised. However I am very confuse as to apply to retained my residency the application process will be up to 6 months, so by the time I have received my retained residency document I need to apply for my permanent residence straight away. Please anyone know if I could just straight away apply for my permanent residence instead of retained my residency?

Thank you so much for your help.
 

·
Registered
Joined
·
5,558 Posts
You say you have an EEA Family Permit but then you say you need to apply for "permanent residence" which doesn't make sense - Do you currently have the 6-month EEA Family Permit, or the 5-year residence card?

You can only apply for permanent residence after living in the UK for five years. Retained Rights of Residence isn't the same as Permanent Residence

If you indeed have the EEA Family Permit, since this is only valid for 6 months and your divorce will be final in Jan/Feb 2018, then have you actually lived in the UK for a year prior to your divorce finalisation?
 

·
Registered
Joined
·
7 Posts
Discussion Starter · #6 ·
My apologise for the unclear message. I am currently holding a 5 year EEA residence card. Have been living in the Uk for 8 years with the mixture of Tier 4, Post study work visa and now 5 years EEA residence card.

I have been living in the UK since 2009 and never leave UK for more than 6 months.
 

·
Registered
Joined
·
5,558 Posts
I'm sorry - For some reason I wasn't seeing either of the previous responses before my reply. This happens sometimes on this forum and I'm not sure why... Apologies for the confusion
 
1 - 7 of 7 Posts
Status
Not open for further replies.
Top