Non-eea Retaining visa,

[suzuki1985]

Hey,

I will be divorced on 2nd of june, Do I need to wait decree ini or decree absolute letter to apply for retaining visa? After 2nd of june, How many days I have to stay in UK? After 2nd of june, Do I need to apply for decree absolute by myself or Court sends automatically?

[Obie]

You have to apply for it. Are you doing divorce yourself or with a solicitor.

[suzuki1985]

My eea wife applied for court, there is no solicitor for both side.. I have got `a certificate of entitlement to a decree`, Do I need to apply for decree ini? When am I able to apply for retaining visa? after decree absolute?

[Imshzd]

Let us know your full circumstances before we give you advice on retain right of residence.
As per your divorce question if you read the leaf let which comes with your certificate of entitlement then you will find the accurate answer of your question.

[suzuki1985]

I am married since march 2010 and live and working in uk since 2012. She is European citizen not uk, I have eea permit until 2018. On my paper it says `take the notice that the court has fixed the 2nd june of 2014 at 10 am for the pronouncement of a decree by disctrict of xxxxxxxx`. What should be my next step to apply for visa?

[Imshzd]

It's too early for the retain rights application.
On the said date,court will issue you a decree nisi and after 6 weeks and 1 day you or your wife will apply decree absolute.
Once your decree absolute is in your hands then you can apply for having retain rights of residence.
For retain rights of residence regulation 10 requirements will apply on you.

[suzuki1985]

Thank you for your answers. My last questions like that mate,

1- I have to count 6 weeks 1 day from 2nd of june, is that correct?
2- Do I need to apply decree nisi or court send automatically?
3- decree nisi is enough to apply for visa or have to wait decree absolute?
4- when I have decree absolute how many days I have to apply for retaining visa?

Thank you in advance.

[Imshzd]

1:yes.
2:court will sent you.
3:wait for decree absolute.
4:as soon as possible,no time limit set by HO.

[suzuki1985]

Hi again,

I have got my D29 Decree Nisi letter. I just confused right now to apply for decree absolute. I have read something on internete that if petitioner started divorce, i have to wait "three months, six weeks and a day after the decree nisi was issued." I am the respondent and my ex-wife started divorce. I have to wait 3 extra months? if yes, what is my situation in UK, i am working, can i lose my job or what happens?

[fatimahh]

As long as decree absolute is not pronounced you are still considered married to your EEA national thus still legal in the country with right to work. Have your EEA national been exercising treaty right since 2010?

[suzuki1985]

We used to live in another countries untill 2012 april, since that time she works legally in uk, same me as well. after 15th of june, i am still member of eu citizen but after that date, i will apply for retaining visa, shall i continue to work untill get my visa decision?

[fatimahh]

if she is still working then yes once you receive decree absolute you can apply for Retention of Right. Do not stop working as for you to Retain your Right you will need to show that you are working.

[suzuki1985]

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[suzuki1985]

I really dont wanna stop my work. I am able to apply for absolute decree on 15th of july. I will wait that paper, once i got paper i will send my application to HO. There will be gap, because needs to wait decree absolute letter. I just wonder, HO can send letter my job that i lost my eea permit rights?

[fatimahh]

Once you receive decree absolute you can apply for your retention of right. while the application is with the HO for decision as long as you are working you are considered legal in the country with right to work, therefore they won't send any letter to your employer.

[suzuki1985]

I really apriciated from your answers, thank you very much fatimah. I have one more question. Shall i pay fee for decree absolute letter or not. My wife started to divorce, i didnot pay anything for court. "A decree absolute costs £45. This fee won’t apply if you started your divorce after 1 July 2013, as it’s now part of the fee for starting the divorce."

As i understand, i dont need to pay because it is included for divorce fee. But i did not started divorce process, ex-wife started. Is still no fee fee for decree absolute paper?

[Imshzd]

I really apriciated from your answers, thank you very much fatimah. I have one more question. Shall i pay fee for decree absolute letter or not. My wife started to divorce, i didnot pay anything for court. "A decree absolute costs £45. This fee won’t apply if you started your divorce after 1 July 2013, as it’s now part of the fee for starting the divorce."

As i understand, i dont need to pay because it is included for divorce fee. But i did not started divorce process, ex-wife started. Is still no fee fee for decree absolute paper?

No,as fee already paid in advance.

[royalkayzee]

Hi guys, Just to get some info.. really confused about retention. please see below circumstances

My EU spouse left the state, we lived 3.5 years together after marriage, we are trying to get divorce. we tried good enough but could not go through. still finding any lawyer in LATVIA who can help us in getting divorce while I am in Ireland and she is there.

EU citizen has worked in ireland 14 months in total. I am not sure what is minimum she must practice the EUTR in the state?

I have documentations since we got married like Utility bills with both names, Rental agreements, Letters from Landlord, PRTB certs of all addresses we changed, Her tax related documents, some travel record we traveled out of the country etc etc.

Can someone please advice what should I need to apply for retention to get it approved for personal capacity?
Anyone can give me details how to find a lawyer for consent divorce?

will be very Thankful.

[suzuki1985]

I received my decree absolute paper and filling eea2 form right now. I know that my wife is in UK, know that working and know her job address. I have filled 4.18 but shall i fill section 6 as well. I cant prove that she is working because we divorced. Can you please assist me?

[Obie]

Why can't you ask her to provide you this evidence.

UKBA are quite difficult in assisting people, especially when marriage did not end as a result of domestic violence.

[suzuki1985]

We dont communicate anymore. Shall i fill what i know or leave blank. I know just address, phone and annually wage.

[Obie]

Well, you will have to do more than that, or your chances of success will be extremely slim in such circumstances.

Perhaps you should seek legal assistance

[suzuki1985]

There is an address, name surname and dob, plus they have massive database which can show every single thing about people. This is my max. Shall i fill section 6 with just what i know?

[Obie]

That is not how it works unfortunately, you are required to provide the information, except there are issues like domestic violence, which makes it impossible to obtain such information from your estranged spouse.

You can even send the blank application. All i can advice you is that the chances of success will be extremely minimal.

If UKBA refuses on the basis that no evidence of treaty right on termination of marriage was provided, you could have your current Residence card revoked.

[suzuki1985]

I have paper from court, there is 'about' section and my occupation is Export 'Sales Assistant' written. Is that okay?