retain rights of residency

[arleneauray]

Hi to everyone, I need all your advice pls. I got married nov. 2010 to french national , he came in england 2007, I got eea family member but it will expire april 2016, we are separated since last nov, and tomorrow he is flying to another country but he told me he will come back on aug. 30 as it is a return ticket, I dont want to take my chances im thinking to apply for ror but im not sure can I still apply even he is in another country, we still contact each other. Also lets say I got the absolute decree and I will apply for ror what documents I need for him, do I need his passport payslip? Until when I need his exercise treaty rights? Also until when an eu national can be absent to the uk, coz if i apply for divorce 3 months he is not in the country and he is not paying tax.. pls I need all your advice,

[arleneauray]

Hello any advice, ps help

[CR001]

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[sheraz7]

ROR can only be applied once the divorce is finalized along with the treaty rights evidences of EU national partner. Since the treaty rights cannot be exercised from abroad while the divorce can proceed even either of partner is not in UK. Therefore, as you your EU national partner is returning in August, so better to wait until he comes back. Until he returns back your right of residence won't be affected because his absence is within the limit of 6 months.

[arleneauray]

Thank you for your replay, but what if he doesnt comeback on aug. 30, but we still contact each other can I still apply for divorce even he is out of the country...thank you for your reply

[sheraz7]

the treaty rights cannot be exercised from abroad while the divorce can proceed even either of partner is not in UK.

See also:
https://www.freemovement.org.uk/evidenc ... nce-cases/

[arleneauray]

Ok, so that means my only chance is to pray and wwait for him to come back in uk on aug. 30, even I file a divorce, as he is abroad no exercising treaty rights it would still be impossible to get ror...,

[arleneauray]

Thank you for your reply,

[fatimahh]

Please bear in mind that when he returns, he would need to be exercising treaty rights from beginning of divorce procedure till decree absolute for you to securd ROR.

[arleneauray]

Yes thank you very much. May God be with me!