Retention of Right of Residence ..SOS HELP

[Adam09]

Hi bros & sis,

Could anyone advice on a particular matter please???

Am a non EEA member married to a french citizen and have already got a residence permit expires in 2010.

I am applyin to the homeoffice on the basis of the new regulations 30/04/06 to retain my right of residence as I do have a final divorce decree. However, will I have to show a prove of cohabitation for 3 years or only one year as stated in the new directive? just a bit confused...

. WILL I need my ex-wife passport and documents to send to the HO?


Thank you and any advice is welcomed.

God bless.

[sakura]

How long were you together? When did you get married?

[Adam09]

How long were you together? When did you get married?

Hi Sakura,

thx for ur reply.

We got married in May 2004, and we lived together for one year. my wife started divorce procedure in Novomber 2007. We both lived here since we got married.

I've just spoken to the HO and they told me there is no such an application to retain your right of residnce! Which got me really confused as I spoke to another who told me to use Form EE2..is that true? which answer I should consider?

In addition, the advisor told me you will be qulified to apply for ILR in May 2009. However, my residence permit expires in 2010.

Could you please tell me which answer do you think is correct?
Logically speaing, how can I prove to the Immigration officer at the port entry that my marriage lasted for more than 3 years???

Please assist bro..

Many thx in advance

[thsths]

I've just spoken to the HO and they told me there is no such an application to retain your right of residnce!

I think that is correct. Since the right of residence is valid without application, so it the retention. And you already have a residence card, so what would you apply for? You should however send the Home Office a letter and a copy with the divorce certificate, so that they can add it to the file, and it does not come as a surprise later.

In addition, the advisor told me you will be qulified to apply for ILR in May 2009. However, my residence permit expires in 2010.

Both is correct. You can get permanent residence after 5 years of residence, and the residence card is valid for 5 years from the date of issue (which is usually different).

Logically speaing, how can I prove to the Immigration officer at the port entry that my marriage lasted for more than 3 years???

There is no need to, since you have a valid residence card. And for the next application, you would used marriage certificate and divorce certificate to prove the duration.

Tom

[Adam09]

Thx Tom,

Suuuch a relief hearing from you

What got me confused is that I know someone who has been through this as well, he was asked to leave the country, his solicitor used EEA2, and the poor lad got refused saying you havent provided enough prove of cohabitation. he has made an appeal at court and still awaiting for some feedback.

In addtion, I've received an email from the homeoffice.gsi.gov.uk> and advised me to use EEA2. However, I totally agree with you as using an EEA2 is like applying for another same R.P isn't it? but they do require prove of one year spent in the U.K also this need to be justifed by providing a few docts of you & your ex-spouse!


One important point Tom is, I got married in 2004 and was not given R.P until 2005, almost a year later, can I still apply for ILR in 09 Or shall I apply in 2010 I thought it just a matter of having lived here for 5 years, in my case since I got married in 04 wich makes it 5 years in 09.
I been in full time emplyoment since I got my passport stamped in 05.

Do you really think that the immigration officer will go through your case at port entry? checking your docts and all! I thought you could apply for sth that will enbale you to be independent from your partner!!!

Hope you dont mind answerin a few Qs Tom, I really appreciate your time.

Thx a lot