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Well, the UKBAÂ likes to make this very difficult. They will want an ID (and a registration certificate may not be sufficient), and they want proof that the EEAÂ citizen was working from the beginning up to the decree absolute. The law does not require either, but it can be quite tedious to assert your right in court, especially if you are denied an appeal and you have to go for a judicial review.bobobo wrote:I have a query that I needed to confirm. Basically I was married to my wife who is an EEA national, I was married for 3 years before we filed for divorce. We have been living togethor in the UK for all of this period. She and I have been working throughout. I have letters and other proof of us co-habiting for the last 2 years +. She has agreed to co-operate and give me her EEA Resident card (green in colour) as a form of Id. She is applying for her PR at the same time, so her passport will be with the HO.
No problem, but do you have a valid visa or are a non-visa national.3. I am not sending my Passport at this point in time as I need to travel frequently on work and sending my passport can be a show stopper. Bit would send it once I am asked to submit the passport.
That should be sufficient. It would be nice to have the national insurance number, too, so that the UKBA can check the contributions.4. I do have a letter from her employer confirming that she was working during and over the period of the divorce as well, so that should count for something as well.
Personally IÂ would do this myself - assuming you are reasonably organised. But consulting with a lawyer about the details may be a good idea. Things change if your application is refused, then you have to react quickly (28 days, I think) and correctly.5. Also does anyone know of a good immigration lawyer I can consult to smoothen out the whole process.
I'll only answer number 2.bobobo wrote:thanks thsths for your comments. I just need to confirm a few things:
1. I have some payslips and a letter from her employer saying that she has been working there since 2002. up until the decree absolute.
2. I just wanted to confirm will her EEA Resident Card act as an ID, It is somethign that was issued by the Home Office itself.
3. As far as my visa is concerend I still have a year and a half on my Resident permit so i should be covered for up to that time.
Hope this makes my position a little clearer.
Many Thanks
There are a number of national European ID cards around. It would be issued by the home country of your spouse. The ID cards issued by the UK (for immigrants not under EUÂ law) look exactly like the harmonised European ID card (as far as I can tell), but they are not ID cards.bobobo wrote:thanks for the reply Rozen. I apologise for my ignorance, but can you please confirm what an European ID card would include. I have something like this:
http://www.quube.co.uk/images/ResidencePermit_EU.jpg
IF you are divorced and have been previously issued with a residence stamp then you do not need to provide her id or passport . They will ask you only to show proof of exercising treaty right at the time of divorce.bobobo wrote:Hi Bebe2, Mary was asked for her ex's passport as she did not hold a resident card that was issued by the HO before. I reckon the HO wanted to see some proof in her case.
http://www.immigrationboards.com/viewto ... a2+divorce
If i am not making too big an assumption in my case when I applied for a 5 year family permit, I had sent my ex's passport and the Resident Card, so the Home office had a look at it and then they sent my passport back to me with the family resident card after 11 months.
I would assume that since I have already been issued a resident permit valid for 5 years and they previously have seen my ex's documents they might not ask me for her passport again. I however do have the EEA resident card that my ex got for 5 years which will expire soon, and I plan to send this to the HO to prove her identity with maybe an attested copy of her passport and see if this would work.
Isceon what is you opinion on this. Do i make any sense at all?
Thanks
Bob
I didn't.bebe2 wrote:i cant remember if she gave them her ex passport.