Regarding Retention of rights after divorce & student query

[king1325]

Can anyone please help me to solve my query about eea family member visa? I am on eea family member visa on the basis of my marriage to my latvian spouse this is my 4th year of marriage, but we are separated by more than a year now and going through divorce procedure. After divorce how can i apply to retention of divorce? I am sure that my wife will not support me with any of her payslip or employment proof in UK. But she is still living and working in UK. I dont even have her NI number. In that case how can i prove that she is employed in uk?

I am employed full time but I want to apply for university from september intake. So will my being student effect on, getting retention of rights and permanent residence after 5 years of marriage even if i am employed? And how permanent residence procedure will work after retention of rights?

Please advice me about it.

[askmeplz82]

You will need her Payslip or Letter from the employer otherwise it will be difficult . You will need a Lawyer who can help you. You can't apply directly

read more here

http://www.immigrationboards.com/eea-ro ... ht#p972496

[king1325]

Thank you very much for the link. But why cant i apply by my own? And can i be student in these 5 ears of exercising treaty rights? And can u please recommend me any
Lawyer as many lawyers i did visit dont even know about retention of rights after divorce.

[askmeplz82]

because those Lawyer may be expert in UK LAW. You have to find someone who is expert in EEA/EU Law.
Talk to them and may be someone here help you. I've never used any Lawyer yet so can't help you with that

You need a Lawyer because otherwise you will find it difficult to prove that your EEA family is working in the UK. Why don't you talk to your EEA family member. at least if you can get some payslips before decree absolute ( when it's finalised ) you can apply directly without any help from a Lawyer

[king1325]

Thank you once again. But As our relationship did not really end in decent manner, she is far away from helping me regarding anything. So asking help will be the certain invitation for insult. But will find out lawyer in eea related issues if they have any ways to prove her employment. Actually i m more worried about my planned education where i m thinking to join uni, and before i do so just need to confirm that this will not effect on retention of rights leading to permanent residence.

[king1325]

Hi, i have received an email saying that i have received a private message but when i tried to check it by logging in into immigrationboards access was denied saying that i have no permission to check the mailbox can anyone help regarding this please.

[Obie]

I believe I might have resolved the problem.

Let me know if you are still unable to receive or send private messages.

In regards to your query, it seems to me, that you have 3 options.

1. Apply for ancilliary relief, that way, she will be compelled to provide evidence of her earning.

2. Apply and ask the home office to exercise their power under section 40 of the UKBA act 2007.

3. If home office refuse, then seek the tribunal assistance , during an appeal. They have the power to direct the HO to check her tax records.

[king1325]

thank you very much for your help obie, but i still dont have an access to my inbox or any private messages.

one more question regarding ancilliary relief, shall i apply it before my decree absolute or NSI or after that.

[Amber]

You must post at least 10 posts before being able to use the PM system. Obie can view your email if necessary.

[king1325]

thank you amber,

so for applying retention of rights what form of EEA application i should use and what documents i should attach with an application and shall i have to send it as soon as get a decree absolute as i still have my visa valid till 2016.

[Obie]

I was not the sender of this OP's private message. I was trying to see if permission can be granted to him before 10 messages has been posted, but it appears that the experiment has not worked successfully.

[king1325]

thank you obie,

well i still have few questions in my mind i guess they are enough to complete 10 posts in forum.

[king1325]

i have my resident card valid till 2016, but as soon as decree absolute is granted shall i have to apply on same day for retention of rights?

[king1325]

i am employed full time now, but according to the rules of retention of rights are there any specific needs of an employment on the date of divorce as non eea spouse? like sick pay, holiday pay in contract of employment, permanent contract, full time or any specific thing?

[king1325]

shall i have to order my employment history of 5 years from hmrc to too for an application?

[king1325]

shall i have to order my employment history of 5 years from hmrc to too for an application?

[Obie]

Under EU law, there is no requirement to apply for anything, provided you meet the requirement of the rules, as you could be asked at anytime to provide the basis of the right from which the residence card is derived.

Under the directive you are required to show that you are a worker, self employed or a self sufficient person, at the time of seeking PR, following retention of residence.

The UK illegally take a different approach. They require you in regulation 10(6) to show you meet those criteria at the point of application.

[king1325]

thank you obie, and after 10 posts now i can see my private messages. they are some commercials about solicitors.

[Obie]

That great. Very pleased for you.