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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Pemanent residency application

geep
forum member

WRO, housing management, Notting Hill Housing

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Total Posts: 181

Joined: 24 October 2013

My client has been married to an EU national and living in the UK for 5 years, although they separated before reaching the five year mark. I believe that their separation should not affect her eligibilty for permanent residency as long as they are still married, but correct me if I’m wrong.

Anyway, the application form understandably asks quite a bit about the EU national of whom you have been the family member of for 5+ years (in my client’s case, he husband). However, the husband is concerned that her application for permanent residency places some sort of ongoing obligation on him with regard to supporting his wife financially, is this correct? I thought the questions about the EU national on the form are just to verify that you have 5+ years as a family memeber of an EU national who has been exercising their treaty rights.

The husband also mentioned filing for divorce. Given that my client already has the required 5 years, would it affect her application if he filed for divorce - either before or after the application is processed?

They have a young daughter who the husband has custody of due to my client’s health problems. The husband and daughter intend to stay in the UK, so I don’t think my client will have a problem to get a new visa, but my feeling is that she would be better off applying for permanent residency. Her current visa runs out in mid-2015.