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RightJuv wrote:Hello Isceon, thank you your reply.
I'm sure i do not qualify for retention of rights just because i do not have proof of relationship for 3 years, as we got married in feb 2005 and he left me in october 2006, so i started the divorce proccedings based on 2 year separation this february.
I would love to know from other people's experiences if I should apply for COA (we have been living together, both working) here after informing HO (by post?) about my divorce, maybe after getting decree nisi but before the decree absolute?
Going home to get married is not a big problem, but I'm just being promoted, so it would be a real shame to lose my job now, if I'm to organise the wedding and applying for the spouse visa will take god knows how long...
Best wishes.
JuvJuv wrote:hello Swan, thank you for your reply. I've read about your situation and spoke to my solicitor (thank you isceon for offering help with yours) and he recons i should apply for COA after my divorce.
Did your fiance apply for one after decree absolute was issued? Also, you said that you had found out your fiance's ex was on benefits etc... Did you give that info to HO as well? I'm asking just because my ex has no contact with me whatsoever and that makes me think i have no chance to keep my residence this way (I know isceon is right but my situation is slightly...hopeless, i guess ).
I still don't know if after receiving COA i will still have to go home for a visa or apply here... I guess i'll keep reading your post updates and make up my mind later.
anyway, congrats on getting COA and best wishes for you both!
oh girl i'm in the same mess..Juv wrote:Thank you for such a quick reply, shandave.
according to my ex's friend, he has left for his own country after losing his job and it's unclear if and when he is back (aaah, freedom of movement...), which is the main reason why i do not want to get involved in applying for retention of rights, knowing that ho will rightfully ask for more docs.
the only thing that bothers me if it is worth applying for COA straight after divorce WITHOUT applying for retention of rights.
i will definitely let everyone know how it went.
Hishandave2001 wrote: Juv, Certificate of Approval has no link at all with your ex, but it has link with your present partner. So HO wouldn't ask for ex's details when you apply for COA.
This is very correct and very important.shandave2001 wrote:Firstly, I think you must clear up couple of misunderstandings which are apparent from your above posts. Under EU law, it is irrelevant when you were issued RC by the HO and until when it is valid. Rather what is important is when you GOT MARRIED with a qualified EEA national in UK. Your residence in UK start from the day you got married to a qualified EEA national in UK, not when you have been issued with RC. RC is just confirmation of the right you have already acquired on the day of marriage with a qualified EEA national.
Super summary of your situation!TM_0108 wrote:To your questions, yes I'm in the u.k. and legally married in Bangkok in 2004 then moved to spain in November same year then moved to the u.k. in June 2005 when I've granted a 5 year residency visa until november 2010. We started proceeding the divorce in August 2008 and received decree absolute in March 2009. We split up after 11 months of living together. I don't want to have anything to do with him anymore that's why I applied for CoA instead of retention right of residence cause I know that's just going to cause me more grief as he is such a pain and nothing in this world will make him help me with the papers.
I would urge you to contact the EU's Citizen Signpost services for their opinion on whether you are still in the UK on the basis of European law. http://ec.europa.eu/citizensrights/The rules on certificate of approval do not apply to you if you:
* are a British citizen; or
* are a national of a country in the European Economic Area (EEA); or
* are the family member of an EEA national and have right of residence in the United Kingdom but are not yourself an EEA national; or
* have in your passport a certificate of entitlement giving you right of abode in the United Kingdom; or
* are not subject to immigration control.