retention of residence right in case of divorce

[ryuichi7]

Hi.
I am writing to seek a clarification on the procedure of retention of residence right for the non-EEAspouse of EEA national.
My situation is as below.

Date of marriage: Aug/2006
I have lived with my husband since October/2006 , when I came back to the UK to join him with an EEA family permit issued by UK embassy in country.
The residence permit which is valid for 5 years was issued to me in August 2007.
Currently we are now considering the separation as our marriage is in a difficult time.
We both have been in full-time employment since 2006 in the UK.

My questions are

1. I understand that in order to retain the residence right , the marriage must remain at least three years and we both have to live together at least for a year in the UK.
Does it mean that I will be still eligible to retain the right to stay in the UK, If the Absolute Decree is obtained after Aug/2009 and I start living separately with him from now on because we have already l
lived together for 2 years 4 moths?

2. Could you also tell me what I have to do if our divorce case is finalised? Do I need to just notify the Home Office with a simple letter to inform that I have divorced?
Or is there any other process I have to for such as applying for retention of the residence right? If it is, what sort of supporting documents should I supply?

Any informations would be much appreciated.
I will look forward to hearing from you soon.

[juicybiscuit]

Hi there.

If you do a search for message posted by myself you should find my experience and many other which should help you out.

I would say to your question 1: You would not qualify to retain your rights of residence if the marriage has not lasted 3 years prior to the initiation of divorce proceedings. It's that simple. So do not initiate divorce proceedings before the 3 years period or else you will have no rights.

Question 2: there is no proper procedure. Whilst I applied using EEA4 paperwork you could simply write a letter stating your details (i.e. that you got divorced and when). Again, look at some of the similar cases on this forum to find out.

This is my main thread:

http://www.immigrationboards.com/viewto ... sc&start=0