Non EEU Divorce - help with application please

[eduardo]

Hi everybody

I am very glad to have find this forum. I want to know if some one can give me some advice about how and what to ask to the home office in order to get the residence for my self.

- I am Argentinean and my ex-wife it is Lithuanian.

- we married in Argentina in march/2003.

- come to uk june/2005.

- I have being working paying tax and self-suficient since april/2003.

- My wife work for 1 year as employed and after that until now it is inscribed as self-employed with an internet company.

- She have a residence permit and i have a residence visa as falily member until march/2011

- stay together until jun/2007 when my wife went to Brazil to care of her sick father and decide to stay there and divorce.

- she receive letters of the revenue and bank to my address.

- we start the divorce in Argentina on January/2008 and will take at least 2 month.

I reed in the home office site that i can ask for my residence because i been married for more than 3 years, more than one year in the country, self-sufficient and getting divorce, but a solicitor tell me that it is wrote but the home office never give this type of visa.

I going to apply because can't stand this situation of not be abled to go out of the country.

Can i ask for the residence before i have the definitive divorce?
which Application I have to fill?
which papers should i send?
Can some body help me with the letter to the home office?

Thank you very very much in advance for your advice.

Kindest regards,

Eduardo

[John]

.... but a solicitor tell me that it is wrote but the home office never give this type of visa.

It really would be good if you spoke to someone who is actually up-to-date with the legislation, in particular with the EU Directive that came into force on 30.04.06.

I reed in the home office site that i can ask for my residence because i been married for more than 3 years, more than one year in the country, self-sufficient and getting divorce

Spot on (except the EU right you are exercising is as an employed worker, not as a self-sufficient person), once the divorce has happened (because strangely you don't have these rights to get PR if you are merely just separated), and given that you moved to the UK in June 2005 :-

• you have the right to stay in the UK on your current Residence Card
• after 5 years in the UK you can apply for confirmation that you have Permanent Residence ("PR") status, on the basis as correctly outlined by you

[eduardo]

Hi John,

Thank you very much for your fast answer I really appreciates that.

So do you think i should wait until the divorce it's done ?

That will be in 2 months and after that do you know witch application form should send?

Any addvice about what to say in the cover letter?

Thanks again,

Eduardo

[John]

So do you think i should wait until the divorce it's done ?

Definitely!

do you know witch application form should send?

The form to use is the EEA4, but it really has not been adapted to cope well with your circumstance. I think do the best you can, filling it in, and then cover other points in the covering letter.

[judde]

John
I think you make a point about it , i was also told by a member of staff who work in EEA dep, that is better to get devorce than seprated . If you get devorce u just need to sent only ur document , i hope i'm right john ?

[Directive/2004/38/EC]

I am not sure about seperated vs divorced. Goof question. You might want to ask at http://ec.europa.eu/citizensrights/

- Keep good records to show you have been working, and stay working if possible!
- Read through Directive 2004/38/EC (available in Spanish) http://eumovement.wordpress.com/directive-200438ec/
- You can read the UK equivalent of the Directive here http://eumovement.wordpress.com/info-united-kingdom/