Retention of Residence Following Divorce EEA

[irakra]

Hi everybody!!

I am an non EEA national and my husband is a EEA national. Like many of you I know that I qualify for retention of rights after divorce if it's been more than 3 years and I am in employment and he was excercising his Rights in the UK.

I just want to know if anybody got this RETENTION so far or not, because HO is very confusing.

They gave me different answers to my question and the last one was that as long as my spouse is still in the UK I do not need to reapply and can apply when my residence card expires. As far as travel is concerned they said it wouldn't be a problem, I just need to show at the embassy a RECEIT FROM ROYAL MAIL THAT I SEND A COPY OF DECREE ABSOLUTE TO HOME OFFICE. Which doesn't make sense at all. Please share youe views on this topic.

Thanks

[vinny]

See also 10. "Family member who has retained the right of residence" and Chapter 2 - Rights of Non-EEA National family members of European Economic Area (EEA) Nationals > 6. Retaining a Right of Residence.

[juicybiscuit]

Totally conflicting info from what I was advised. One time I even rang up the HO to be told that I could travel after getting divorced but would have to take all the evidence regarding my ex-husband exercising treaty rights plus my wage slips with me to show immigration people at the airport!

[irakra]

Hi everybody,

Today I received a letter from HO in Croydon replying to my query regarding if I should apply for a new residence card in my own name or apply for pr after my current one expires in 2012. (I sent a letter 2 months ago by the way, which is ok according to ho standards)

Not surprisingly they copied chapter 2 from their website, which I read minimum 5 times. They didn't give me an answer what to do at all. It just says, in the end that in 5 years time I can apply for pr using form EEA 4. I clearly asked if I should send my decree absolute to ho and what visa they issue, if I provide all the evidence of my marriage subsisting for 3 years and one in the uk and I am in employment as always been here. I have a feeling they just copy wording from the book and don't even read enqueries. It's frustrating. But at least I have this letter with the name and signature of ho representative and will use it, if needed. Still don't know if I should send a copy of decree absolute to ho or just wait till 2012 and apply for pr.

[Ale13]

http://www.immigrationboards.com/viewto ... ht=morpheo

I will just wait to 2012....

[walesky28]

Hi All.

I am exactly in the same situation. I hope these tips help. I got married to a EU Citizen (Slovakia) in September 2004, Had a Residence Stamp February 2005 Valid till February 2010. We had marital issues late 2007 and started proceedings in January 2008 and got divorced in March 2008, so in all married 3 years 6 months, lived in the UK all the time.

I informed the HO of my circumstances with a view to retention in May 2009. I initially sent my Passport, a Copy of The Decree Absolute and a Covering letter on an EEA4 form. No Reply For 6 months. I eventually chased them up after the required 6 months and they said it was still "Under Consideration". I gave it 2 more weeks, eventually got impatient and requested my passport back for travel in December 2008.

I have since applied for Schengen Visa, U.S, Canadian and Mexican Visa all sucessfully. All you need for a Schengen Visa is a copy of your decree absolute. As long as your 5 year resident card is still valid (the original 5 year one i got after marriage valid till Feb. 2010), Schengen Embassies will honour what is left on your residence card and assume you to be normally resident. (They may do a cursory check to see if the marriage lasted more than 3 years on the decree absolute certificate, but in my case they didn't- they usually don't).

I got a 6 month (French) multiple Schengen Visa and i have since travelled to France. Upon re-entry, i carried my decree nisi, a couple of bank statements and payslips as well as a copy of the EEA regulations 10.6, just in case the ECO was having a bad day and decided not to play ball. I filled out my landing card (which has now changed format so has a few more information fields on it), all the ECO asked me was how long i resided in the UK. I answered (just under 5 years), and that was it.

The ECO didn't even put an entry tamp on my passport. I realize i was lucky that i didn't get asked many questions- presumably because i am a frequent traveller (have quite a few stamps in my passport)- or maybe just plain lucky.

HOWEVER, i know people who have scant travel history in the same circumstances. All they have done is provided a copy off their decree nisi and if the ECO over here see they were married for over 3 years, they normally let them through. From a close source, i learnt that if they see proof of a nisi and over 3 years marriage to an EU state member, they will implicitly assume you were retaining your residence and let you through (usually without putting an entry stamp in your passport- as in my case and my friend's case).

So a summary of this is that:

1. You can request your passport back while an application for a retention is still pending without this affecting your application.
2. You can apply for Visas sucessfully and certainly apply for a Schengen Visa (which is usually the most tricky to obtain in these circumstances).
3. You certainly can re-enter the UK in these circumstances. However, it is advisable to have a copy of your decree nisi, a couple of payslips and a copy of the EEA Chapter 10.6 regulations, just in case the ECO asks more intrusive questions/is not so clued up about the EEA regulations.

So far my application from May 2008!!! Is still pending and i intend to travel to the US soon (within a month). I won't stress or fuss, once i've done all my travelling for the year and if the application is still pending (By June), i will start gearing myself up to make another one (By September) for a permanent residency as it would have been 5 years since my original wedding date and their incompetence/foot dragging has rendered the need for a retention application irrelevant through time expiry.

Sorry fot the long essay. I sincerely hope this helps allay you fears on the original questions in your post.

Cheers,
H.

[walesky28]

Hi All.

I am exactly in the same situation. I hope these tips help. I got married to a EU Citizen (Slovakia) in September 2004, Had a Residence Stamp February 2005 Valid till February 2010. We had marital issues late 2007 and started proceedings in January 2008 and got divorced in March 2008, so in all married 3 years 6 months, lived in the UK all the time.

I informed the HO of my circumstances with a view to retention in May 2008. I initially sent my Passport, a Copy of The Decree Absolute and a Covering letter on an EEA4 form. No Reply For 6 months. I eventually chased them up after the required 6 months and they said it was still "Under Consideration". I gave it 2 more weeks, eventually got impatient and requested my passport back for travel in December 2008.

I have since applied for Schengen Visa, U.S, Canadian and Mexican Visa all sucessfully. All you need for a Schengen Visa is a copy of your decree absolute. As long as your 5 year resident card is still valid (the original 5 year one i got after marriage valid till Feb. 2010), Schengen Embassies will honour what is left on your residence card and assume you to be normally resident. (They may do a cursory check to see if the marriage lasted more than 3 years on the decree absolute certificate, but in my case they didn't- they usually don't).

I got a 6 month (French) multiple Schengen Visa and i have since travelled to France. Upon re-entry, i carried my decree nisi, a couple of bank statements and payslips as well as a copy of the EEA regulations 10.6, just in case the ECO was having a bad day and decided not to play ball. I filled out my landing card (which has now changed format so has a few more information fields on it), all the ECO asked me was how long i resided in the UK. I answered (just under 5 years), and that was it.

The ECO didn't even put an entry tamp on my passport. I realize i was lucky that i didn't get asked many questions- presumably because i am a frequent traveller (have quite a few stamps in my passport)- or maybe just plain lucky.

HOWEVER, i know people who have scant travel history in the same circumstances. All they have done is provided a copy off their decree nisi and if the ECO over here see they were married for over 3 years, they normally let them through. From a close source, i learnt that if they see proof of a nisi and over 3 years marriage to an EU state member, they will implicitly assume you were retaining your residence and let you through (usually without putting an entry stamp in your passport- as in my case and my friend's case).

So a summary of this is that:

1. You can request your passport back while an application for a retention is still pending without this affecting your application.
2. You can apply for Visas sucessfully and certainly apply for a Schengen Visa (which is usually the most tricky to obtain in these circumstances).
3. You certainly can re-enter the UK in these circumstances. However, it is advisable to have a copy of your decree nisi, a couple of payslips and a copy of the EEA Chapter 10.6 regulations, just in case the ECO asks more intrusive questions/is not so clued up about the EEA regulations.

So far my application from May 2008!!! Is still pending and i intend to travel to the US soon (within a month). I won't stress or fuss, once i've done all my travelling for the year and if the application is still pending (By June), i will start gearing myself up to make another one (By September) for a permanent residency as it would have been 5 years since my original wedding date and their incompetence/foot dragging has rendered the need for a retention application irrelevant through time expiry.

Sorry fot the long essay. I sincerely hope this helps allay you fears on the original questions in your post.

Cheers,
H.

[walesky28]

Hi All.

I am exactly in the same situation. I hope these tips help. I got married to a EU Citizen (Slovakia) in September 2004, Had a Residence Stamp February 2005 Valid till February 2010. We had marital issues late 2007 and started proceedings in January 2008 and got divorced in March 2008, so in all married 3 years 6 months, lived in the UK all the time.

I informed the HO of my circumstances with a view to retention in May 2008. I initially sent my Passport, a Copy of The Decree Absolute and a Covering letter on an EEA4 form. No Reply For 6 months. I eventually chased them up after the required 6 months and they said it was still "Under Consideration". I gave it 2 more weeks, eventually got impatient and requested my passport back for travel in December 2008.

I have since applied for Schengen Visa, U.S, Canadian and Mexican Visa all sucessfully. All you need for a Schengen Visa is a copy of your decree absolute. As long as your 5 year resident card is still valid (the original 5 year one i got after marriage is valid till Feb. 2010), Schengen Embassies will honour what is left on your residence card and assume you to be normally resident. (They may do a cursory check to see if the marriage lasted more than 3 years on the decree absolute certificate, but in my case they didn't- to be honest, they usually don't).

I got a 6 month (French) multiple Schengen Visa and i have since travelled to France. Upon re-entry, i carried my decree nisi, a couple of bank statements and payslips as well as a copy of the EEA regulations 10.6, just in case the ECO was having a bad day and decided not to play ball. I filled out my landing card (which has now changed format so has a few more information fields on it), all the ECO asked me was how long i resided in the UK. I kept it simple and answered (just under 5 years), and that was it. No small talk or chit chat.

The ECO didn't even put an entry stamp on my passport. I realize i was lucky that i didn't get asked many questions- presumably because i am a frequent traveller (i have quite a few stamps in my passport)- or maybe just plain lucky.

HOWEVER, i know people who have scant travel history in the same circumstances. All they have done is provided a copy of their decree nisi and if the ECO over here see they were married for over 3 years, they normally let them through. From a close source, i learnt that if they see proof of a nisi and over 3 years marriage to an EU state member, they will implicitly assume you were retaining your residence and let you through (usually without putting an entry stamp in your passport- as in my case and my friend's case).

So a summary of this is that:

1. You can request your passport back while an application for a retention is still pending without this affecting your application.
2. You can apply for Visas sucessfully and certainly apply for a Schengen Visa (which is usually the most tricky to obtain in these circumstances).
3. You certainly can re-enter the UK in these circumstances. However, it is advisable to have a copy of your decree nisi, a couple of payslips and a copy of the EEA Chapter 10.6 regulations, just in case the ECO asks more intrusive questions/is not so clued up about the EEA regulations.

So far my application from May 2008!!! Is still pending and i intend to travel to the US soon (within a month). I won't stress or fuss, once i've done all my travelling for the year and if the application is still pending (By June), i will start gearing myself up to make another one (By September) for a permanent residency as it would have been 5 years since my original wedding date and their incompetence/foot dragging has rendered the need for a retention application irrelevant through time expiry.

Sorry fot the long essay. I sincerely hope this helps allay you fears on the original questions in your post.

Cheers,
H.

[walesky28]

Hi All.

I am exactly in the same situation. I hope these tips help. I got married to a EU Citizen (Slovakia) in September 2004, Had a Residence Stamp February 2005 Valid till February 2010. We had marital issues late 2007 and started proceedings in January 2008 and got divorced in March 2008, so in all married 3 years 6 months, lived in the UK all the time.

I informed the HO of my circumstances with a view to retention in May 2008. I initially sent my Passport, a Copy of The Decree Absolute and a Covering letter on an EEA4 form. No Reply For 6 months. I eventually chased them up after the required 6 months and they said it was still "Under Consideration". I gave it 2 more weeks, eventually got impatient and requested my passport back for travel in December 2008.

I have since applied for Schengen Visa, U.S, Canadian and Mexican Visa all sucessfully. All you need for a Schengen Visa is a copy of your decree absolute. As long as your 5 year resident card is still valid (the original 5 year one i got after marriage is valid till Feb. 2010), Schengen Embassies will honour what is left on your residence card and assume you to be normally resident. (They may do a cursory check to see if the marriage lasted more than 3 years on the decree absolute certificate, but in my case they didn't- to be honest, they usually don't).

I got a 6 month (French) multiple Schengen Visa and i have since travelled to France. Upon re-entry, i carried my decree nisi, a couple of bank statements and payslips as well as a copy of the EEA regulations 10.6, just in case the ECO was having a bad day and decided not to play ball. I filled out my landing card (which has now changed format so has a few more information fields on it), all the ECO asked me was how long i resided in the UK. I kept it simple and answered (just under 5 years), and that was it. No small talk or chit chat.

The ECO didn't even put an entry stamp on my passport. I realize i was lucky that i didn't get asked many questions- presumably because i am a frequent traveller (i have quite a few stamps in my passport)- or maybe just plain lucky.

HOWEVER, i know people who have scant travel history in the same circumstances. All they have done is provided a copy of their decree nisi and if the ECO over here see they were married for over 3 years, they normally let them through. From a close source, i learnt that if they see proof of a nisi and over 3 years marriage to an EU state member, they will implicitly assume you were retaining your residence and let you through (usually without putting an entry stamp in your passport- as in my case and my friend's case).

So a summary of this is that:

1. You can request your passport back while an application for a retention is still pending without this affecting your application.
2. You can apply for Visas sucessfully and certainly apply for a Schengen Visa (which is usually the most tricky to obtain in these circumstances).
3. You certainly can re-enter the UK in these circumstances. However, it is advisable to have a copy of your decree nisi, a couple of payslips and a copy of the EEA Chapter 10.6 regulations, just in case the ECO asks more intrusive questions/is not so clued up about the EEA regulations.

So far my application from May 2008!!! Is still pending and i intend to travel to the US soon (within a month). I won't stress or fuss, once i've done all my travelling for the year and if the application is still pending (say by June this year for example), i will start gearing myself up to make another one (By September) for a permanent residency as it would have been 5 years since my original wedding date and their incompetence/foot dragging has rendered the need for a retention application irrelevant through time expiry.

Sorry fot the long essay. I sincerely hope this helps allay you fears on the original questions in your post.

Cheers,
H.

[UKBAbble]

I presume when you say ECO you mean IO. Different animals.

[walesky28]

I meant Entry Clearance Officer (First Person You See at The Post Upon Re-Entry To The UK), Is that not the same as Immigation Officer (IO)?

[UKBAbble]

I meant Entry Clearance Officer (First Person You See at The Post Upon Re-Entry To The UK), Is that not the same as Immigation Officer (IO)?

ECOs work as visa issuing officers around the world, not in the UK.

[walesky28]

I stand corrected then. In my earlier post, subsitute Entry Clearance Officer For Immigration Officer. I mixed the terms, i actually meant the Officer you meet first at the point of entry to the UK, i erraneously thought they were ECOs as against IOs, otherwise everything else in my earlier narrative/essay remains valid...

[juicybiscuit]

Thought I'd post here as well. My original thread is here:

http://www.immigrationboards.com/viewtopic.php?t=32443



An update FINALLY.

I finally got my documents back (13 months after sending them away).

Like Morpheo the HO have simply sent me a new residence card which states I am a family member of an EEA national (slightly odd as the whole reason for me applying is that I have just ceased to be a family member).

The residence card is a photo one on a sticker attached to my passport and is valid for 5 years.

In addition I got a bog standard letter stating my only claim to remain here is a a family member of an EEA citizen and should he leave or I cease to be a family member (which is the case) then I should notify the HO.

WHAT A BUNCH OF IDIOTS.

So long and short is:

- HO looks like they're happy for me to retain my rights.

- HO haven't got a suitable Microsoft Word template set up which deals with such circumstances so decide to throw in a bog standard letter which isn't relevant to me.

- HO haven't got a suitable residence card for my circumstances so just use the bog standard family member one.

I've now written a scathing email to them requesting they send at the very least a letter stating that I have retained my rights of residence having ceased to be a family member of an EEA citizen.

There's no way in hell my rights of residence are dependent on an ex-husband (and ex-family member).

It's really sad (but totally expected) that the HO just can't be bothered to try and give me a little more clarity, or at very least some documentation that I can show at the airport if needed.

Should I have even bothered? I'm reading some places that I could have perhaps applied for PR as it was just over 5 years since the date of my marriage (but not quite 5 years since my first family member residence card was granted).....

[walesky28]

Juicy Buiscuit,

Congratulations and commiserations at the same time- especially at the length and stress to you this has taken so far. It effectively seems the stamp is the same but just the updated stamp.

Even though an advantage, it seems pretty silly being given another 5 years, surely they should know you would soon be due to apply for a PR. Here's hoping because of the vetting to get your 'Retention', your PR application would be smooth (with these morons i'm not holding my breadth).

For anybody else anyway, the general advice seems if you want to apply for retention of residence after divorce following a 3+ year marriage, send a covering letter, a copy of your decree nisi and a certified copy of your passport and Visa page- there's no point sending the original as that pretty much renders you unable to travel. You can still apply for Visas/enter and leave the country, it helps to have a copy of your decree absolute alongside a couple of payslips and article 10 of the EEA regulations just in case they ask. The fact that they gave you the same stamp as before- well just an updated one confirms my earlier suspicions, basically after divorce and as long as you hold a nisi proving that the marriage lasted over 3 years, it is implicitly assumed that you are retaining rights. However it helps to have neen seen to go through the official process- which is writing the home office and getting an application started. Keep hold of your passport and only send them a certified copy. By the time it takes them to make a decision (12- 14 months usually), you would normally be within timelines of applying for a PR- which can be kickatarted 5 years and one day from the date of the original marriage. All you would need to do at this point is withdraw the original application and start a new process of applying for a 5 year PR.

It seems the PR application is the biggie.

Unfortunately after kickstarting the PR application, you cannot leave the country as normally your residence card visa would have expired. It is at this point you may have to wait 12-14 months (dependent on how long the waiting times for PR applications are at the time). To make the PR application smoother, it helps to have 5 years worth of work history/payslips, any of your ex-partners payslips/proof of bills leaving together. What will be especially beneficial would be your ex-partners payslips and/or P60 at around the time of the finalisation of divorce as this would prove they were "excercising treaty rights" at that time.

Good luck and hope this helps.

H.

[walesky28]

Juicy Busicit,

One other question. In it's new photo and sticker format, did the new Residence Card have your name on it, or did it still have the name of your ex-husband as the family member?

Regards,
H.

[juicybiscuit]

Juicy Busicit,

One other question. In it's new photo and sticker format, did the new Residence Card have your name on it, or did it still have the name of your ex-husband as the family member?

Regards,
H.

Yes - it's the new photo sticker format.

No actual name of ex-family member is on it.

It does however state that 'residence as family member of EEA citizen, work etc allowed'.

I think I'm now going to apply for PR right away but only send a certified copy of my passport as well as the other documentary evidence submitted with this application. I don't mind waiting a year as I can now travel using this new residence card. Who knows - one year down the line I may get PR....

[irakra]

Thanks a lot, guys, for your advise and information. It's good that it seems possible to travel. I actually am going to apply for schengen visa at the French Embassy soon. They sent me an e-mail that all I need to do is submit a Dectree Absolute with usual accompanying documents. I think I will apply for schengen visa, then send a copy of Decree Absolute and copy of my passport and copies of other documents to HO. If they ask me to send passport in the original and other docunments I will do that, but then request my passport back. (I'm not waiting for 13 months here without travelling). Then let them take all the time in the word to decide my case.

Anyway,
I wish all the best to you guys, and hope we'll get it sorted.

Thanks