Retained Right of Residence - Proving Treaty Rights

[saj100]

Hi

Could you please help me on the following, regarding getting Retained Right of Residence in UK. I would be grateful:

Background:

I came to UK in 2007 on Student visa and started work on Post Study visa in 2008 – since then I have been continuously working
I applied for EEA spouse residence card in 2010 – while I was already working in UK
I am on a EEA spouse residence card until end of 2015

My EEA spouse UK residence card was applied as self-sufficient, based on my job / finances and comprehensive health insurance – but later she got the job and insurance was cancelled
We got married in EEA country (not in UK)
We have been married for 4+ years
With 2+ years in UK
My wife is now back in the native EEA country for last 5 months
My wife was working throughout those years and now on a maternity leave until August 2014
I am currently full time employed on a permanent job
We have a child born in UK

Now:

We are going through divorce (through religious / community mediation)
The divorce has NOT been entered legally to the EEA country court

Questions:

- Does her “exerting treaty right” will expire after maternity leave in August?
- How many months she can stay outside UK with valid “exerting treaty right” on maternity leave (10 / 12 months)?

- To prove that she still is exercising treaty right in UK while getting divorced:

- Does the religious / community divorce start is enough or the completion – or its not acceptable at all?
- If above is not applicable - Do I need to enter into legal divorce until August or
- Complete legal divorce until August
- If I am unable to get divorce until August:
o Can I still prove “exerting treaty right” on self-sufficiency basis while she is in native EEA country
o Should I buy Comprehensive Health insurance on her behalf / for her

Many Thanks for your help

[Obie]

Well, we don't know the nature of the divorce, so one will be speculating if we debate on whether it is lawful in the UK or not.

What matter is whether it is lawful in the country in which it was contracted, and whether it will be lawful in the UK.

You seem to have a very young child, are you sure divorce is the best way forward.

Provided she has never been absent from the UK before, then a one of 12 months absence, does not break continuity of residence.

The difficulty is, if the divorce is not lawful in the UK, you may not be able to put in an application before the visa expires.

[saj100]

Thanks for the reply Obie.

The wedding ceremony was performed religiously and registered legally (have to be) – I believe similar could happen in UK and hence a legal marriage from another EU country is / was recognized in UK ( as I got my EEA2 visa on that basis)

Now similar have to be done for divorce i.e religiously and legally.

So in this light, maybe only religious proceeding are not enough ( I believe same would be the case in UK?)

Could you / anyone please reply to the rest of the question as well:


- Does her “exercising treaty right” will expire after maternity leave in August?

- To prove that she still is exercising treaty right in UK while getting divorced:


- Do I need to enter into legal divorce until August or
- Complete legal divorce until August
- If I am unable to get divorce until August:
o Can I still prove “exerting treaty right” on self-sufficiency basis while she is in native EEA country
o Should I buy Comprehensive Health insurance on her behalf / for her

Thanks

[saj100]

Hi

Could anyone please help me if you have experience or knowledge on the above questions?

Based on my circumstances, is there a way i can continue to stay in UK?

Thanks
Saj

[saj100]

Any help guys, please?

Moderators, please give some direction?

Thanks

[SouthWest1]

Obie provided you with an answer already, which you seem to ignore!

1- if divorce is to be conducted in another EU country and is legally recognised in that country, then apply for ROR ( you have to present evidence of treaty rights exercise of your spouse up until the divorce date).
2- get divorced in UK and follow above route.
3- Maternity leave is a formal right and hence CSI is not required in that case ( I believe first 6 months unless mistaken?) . if longer, then you might as well obtain it to be on the safe side.

[saj100]

Thanks SouthWest1