retained right of residence

[rubby87]

retained right of residence

hello everyone , i am non eea national , i am having some doubts and my friend recommended me this site so here i am . I will be great help if you can clarify the following please
Time line
married with eea national: DEC 2011
son born : November 2012
date first residence card issued : April 2013
divorced: 18 October 2017
court order to see my son : December 2016

1) So can i apply retained right of residence ?
2) what documents do i need ?
3) Do i need to show my ex wife documents as well ?
4) which form do i need o fill ?

Please help me through all this i will be very great full to you

Regards
Rubby

[rubby87]

any expert help me through that plz ?

[too old]

my first thought after reading your post is that if your eea spouse was a qualified person for a period of continous 5 years from the date you got married you should be applying for permanent residency not ROR. foR THAT you will need to prove her work or any other form of qualification including her ID like passport etc to go with your application. get on the case of collecting the evidence of your spouse work etc history and additional documents to prove you were family member for 5 years. all the best.

[rubby87]

thanks alot for your reply, she worked only one year from 2012 to 2013 and after never again till now . thats why am confused what to do now

[Obie]

If she did not work, then you have serious problems.

[rubby87]

thanks for reply , so what can i do now ?

[Obie]

Did you not seek legal advise before divorce?

Under Regulation 10(5)(b) you are required to demonstrate that you were residing in the UK in accordance with the regulation at the time of termination.

Is the child in school at present?

[rubby87]

thanks Obie for your help , yes child is in school and doing full time education .and also i got court order to see my son .

[Obie]

How was your wife surviving since 2013 if she was not working/

Are you saying she only worked 1 year.

[rubby87]

she was claiming child beneits and housing benefits

[Obie]

Well that really does not help things.

You should have tried and encourage her to work before proceeding with divorce.