EEA Right of residence after divorce with EEA Wife

[iamcompletelymad]

Hi All, i would like to say thanks to all of you who provide support to every single person who uses this platform. I been visiting here last 5 years and always got great advice.This platform helped me a lot in hard times when I applied EEA2 in 2012 and successfully granted RC till 2017. I know a lot of people have great knowledge here and i can expect a good suggestion. Below is my time line:

1: Married Jan-2012
2:RC issued :June-2012 till-June-2017
3:EEA Partner has worked more than 12 months during the time of marriage but in installments : for example, 7 months in 2012, 5 months in 2013 and some months in 2014. BUT I ONLY HAVE HER PAYSLIPS FOR 4 Months. WHat should i do ?
4. Decree absolute on 27 april 2016
5. I came to the uk on 20 july 2006 and will complete 10 years in july. is there a different route i can use?

Am i eligible to apply ROR? Is there a new form now since march? What has changed in the form? Do i need to notify the home office about my decree absolute?
I am continously working till present.Have all my pay slips . P60 etc. Please help me. Any advice will be appreciated.


I AM UNABLE TO DELETE OR EDIT MY LAST POST > HENCE I HAD TO CREATE A NEW POST> HOPE THATS OKAY>

[fatimahh]

Was your EEA partner working when divorce was initiated till decree abaolute? if yes then you will need to prove that for ROR

[iamcompletelymad]

Was your EEA partner working when divorce was initiated till decree abaolute? if yes then you will need to prove that for ROR

Hi fatimah. No she wasnt working in the uk while divorce was initiated. SHe was in dubai and was travelling to the london every few months to correspond with the divorce application. she is still based there. However, She was working during our marriage. Does that mean my application will be refused?


Thanks

[Obie]

This will be tough.
Did termination proceedings commence before she left?

Was she working beforw she left?

[iamcompletelymad]

This will be tough.
Did termination proceedings commence before she left?

Was she working beforw she left?

Hi obie, Yes she was working till almost end of 2014. the divorce proceedings started last year when she was here but she had to travel so she kept coming back every few weeks to keep up with the correspondence.
I am very confused and scared about what to do.

[Obie]

You may be ok if she was working at time of divorce initiation.

[iamcompletelymad]

You may be ok if she was working at time of divorce initiation.

No obie, you misunderstood my reply. She wasnt working during the initiation of the divorce. she was present here but was unemployed at that time. Would that really affect my application?

ALso what about the 10 year route? can i not try that route?


Thank for your help obie

[fatimahh]

you unfortunately seem in trouble here as one of the main requirement for ROR is that the EEA national should be working from initiation of till decree absolute. As your EEA partner was not working during that period it is unlikely that ROR will be granted.

If 10 years route was an option, you will still need to prove that your EEA was working for 5 continuous years and since you are divorce you will also need to prove EEA was working during divorce.

[iamcompletelymad]

you unfortunately seem in trouble here as one of the main requirement for ROR is that the EEA national should be working from initiation of till decree absolute. As your EEA partner was not working during that period it is unlikely that ROR will be granted.

If 10 years route was an option, you will still need to prove that your EEA was working for 5 continuous years and since you are divorce you will also need to prove EEA was working during divorce.

Well, i guess im screwed.i wouldnt be able to change it even if i wanted it cos she had made her mind up of leaving the uk. i think i might need a good solicitor who may be able to find a loophole or a alternate solution. Do you guys have any contacts of good immigration/ eea visa specialist solicitors around london??
it would be great help.
its impossible to imagine going back to my home country after being here for 10 years and having a successful career. Prefer not to live anymore rather than going back 10 years of my life and starting again. i hope something gets sorted out. i will keep in touch with the forum and let u guys know . Thanks again

IF anyone else who is reading this has some solution for me, please advice. God Bless

[noajthan]

Well, i guess im screwed.i wouldnt be able to change it even if i wanted it cos she had made her mind up of leaving the uk. i think i might need a good solicitor who may be able to find a loophole or a alternate solution. Do you guys have any contacts of good immigration/ eea visa specialist solicitors around london??
it would be great help.
its impossible to imagine going back to my home country after being here for 10 years and having a successful career. Prefer not to live anymore rather than going back 10 years of my life and starting again. i hope something gets sorted out. i will keep in touch with the forum and let u guys know . Thanks again

IF anyone else who is reading this has some solution for me, please advice. God Bless

Probably not much consolation, but it appears spouse/sponsor has never properly exercised treaty rights for a sustained (let alone continuous) period. So she was not always a qualified person; that means that neither she nor you have really had rights to reside and work in UK, almost since day one.

That is, not unless she held CSI and so could be categorised as a self-sufficient qualified person. But the recent absences from UK &/or downtime appear to have put paid to ROR.

You can always find a lawyer via the Law Society &/or SRA websites.
But, in my understanding, its hard to see a way through this; there are no hacks or loopholes.
Sadly, as you no longer have an EEA sponsor you no longer have a basis to reside or work in UK.

[iamcompletelymad]

Well, i guess im screwed.i wouldnt be able to change it even if i wanted it cos she had made her mind up of leaving the uk. i think i might need a good solicitor who may be able to find a loophole or a alternate solution. Do you guys have any contacts of good immigration/ eea visa specialist solicitors around london??
it would be great help.
its impossible to imagine going back to my home country after being here for 10 years and having a successful career. Prefer not to live anymore rather than going back 10 years of my life and starting again. i hope something gets sorted out. i will keep in touch with the forum and let u guys know . Thanks again

IF anyone else who is reading this has some solution for me, please advice. God Bless

Probably not much consolation, but it appears spouse/sponsor has never properly exercised treaty rights for a sustained (let alone continuous) period. So she was not always a qualified person; that means that neither she nor you have really had rights to reside and work in UK, almost since day one.

That is, not unless she held CSI and so could be categorised as a self-sufficient qualified person. But the recent absences from UK &/or downtime appear to have put paid to ROR.

You can always find a lawyer via the Law Society &/or SRA websites.
But, in my understanding, its hard to see a way through this; there are no hacks or loopholes.
Sadly, as you no longer have an EEA sponsor you no longer have a basis to reside or work in UK.

Well.Thanks for your honesty noajthan. My ex had exercised her treaty rights as she was fully employed for 2 years before we got married . Then She wanted to study again and i didnt want to get in her way of achieving her dreams. Hence the broken months of employment to give exams in her home country. I still hope to find a way . The only requirement which is problematic is time during initiation of divorce till decree absolute.