ex spouse retained right of residence

[Tallawah]

My ex husband came here as non-EEA spouse of EEA citizen in 2014 and was granted a 5 years residence card expiring September 2020.

I informed HO myself that we are divorced, providing all evidence but I never received any feedback, not even a confirmation of receipt of my letter which was sent signed for so I know it was delivered....

Since we divorced (decree absolute April 2018) he tried to apply for retained rights of residence. Not sure he succeded in his application because
1I did not provide any document to prove my identity nor status
2 He does not have custody of our children
3 we did not live as a couple for 1 year in the Uk
4 There was domestic violence involved and he was the perpetrator.

My question is: is he still allowed to go around, working, traveling in and out the country with the sticker on his passport with written RESIDENCE CARD OF A FAMILY MEMBER OF AN EEA NATIONAL ( and eventually apply for Settled Status)?

I do not want to be associated to him in no way or form as far as his staying in this country concerns and I am afraid he still might.

Thanks in advance.

[Wise]

Since you have sent a recorded letter to the HO without them replying you. What left for you now is to enter bus to Liverpool in person and ask their staff to follow you home and protect you.

Just listen to yourself with such text you have posted.

[Tallawah]

I guess you do not know that proverb that goes "If you do not have anything good to say, don't say nothing at all", mr "Wise"? By the way, and MAYBE you can learn something, EEA cases are dealt with in Sheffield not Liverpool! #irrelevantcomment

[Casa]

I guess you do not know that proverb that goes "If you do not have anything good to say, don't say nothing at all", mr "Wise"? By the way, and MAYBE you can learn something, EEA cases are dealt with in Sheffield not Liverpool! #irrelevantcomment

Member Wise's most recent response has been removed and they are no longer with us.

[Tallawah]

I guess you do not know that proverb that goes "If you do not have anything good to say, don't say nothing at all", mr "Wise"? By the way, and MAYBE you can learn something, EEA cases are dealt with in Sheffield not Liverpool! #irrelevantcomment

Member Wise's most recent response has been removed and they are no longer with us.

Thank you very much. I am genuinely concerned about this situation, especially because there has been domestic violence included and because my ex has blatantly tried to use the children as an anchor as well. Any response would be really appreciated.

[kamoe]

1I did not provide any document to prove my identity nor status

It is a common situation that divorced applicants are not in a position to supply their ex's documents. When deemed reasonable, the HO inquires and cross checks the EU ex-spouse identity, and I believe their NINO history, with the relevant institutions, on their behalf. I do not believe they involve you necessarily or notify you of this (but anyone please correct me if I'm wrong).

2 He does not have custody of our children

Not an issue. Applicants don't necessarily need to have children at all to qualify for RoR.

3 we did not live as a couple for 1 year in the Uk

This might be were this application will find difficulty, if he cannot prove you lived together in the UK for a year.

4 There was domestic violence involved and he was the perpetrator.

Domestic violence should be reported separately as it's own issue. Did you denounce him, and is there a process in place for this?

My question is: is he still allowed to go around, working, traveling in and out the country with the sticker on his passport with written RESIDENCE CARD OF A FAMILY MEMBER OF AN EEA NATIONAL ( and eventually apply for Settled Status)?

Technically this would be illegal, as his status was lost the day your divorce was complete. I do not know, however, how and if, a border control officer can know this. Anyone can comment?

[Tallawah]

Thanks for your feedback

3 we did not live as a couple for 1 year in the Uk

This might be were this application will find difficulty, if he cannot prove you lived together in the UK for a year.

He was removed by the police from the family home 7 months ( and served a DVPO ) after being here and he went living somewhere else, renting a property on his own.

4 There was domestic violence involved and he was the perpetrator.

Domestic violence should be reported separately as it's own issue. Did you denounce him, and is there a process in place for this?

There is a Bible sized file documenting the DV, hospital files, police files and LA involvement. Charges have never been pressed, unfortunately....

My question is: is he still allowed to go around, working, traveling in and out the country with the sticker on his passport with written RESIDENCE CARD OF A FAMILY MEMBER OF AN EEA NATIONAL ( and eventually apply for Settled Status)?
Technically this would be illegal, as his status was lost the day your divorce was complete. I do not know, however, how and if, a border control officer can know this. Anyone can comment?

I am curious to know if after the divorce that sticker got replaced or made null..... it is my understanding he is currently traveling abroad as well...