Non EEA divorced right of retention - My experience so far..

[irakro97]

Hey Kapil

Check out the doc below may be it would help
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

[kapil_24uk]

Hey Kapil

Check out the doc below may be it would help
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

hey irakro

may thanx for ur reply
but from my understanding i believe that i will b in trouble as she was nt workin or this is nt true.

please advise
thanx
kapil

[irakro97]

Kapil

one of the requirement is that she has to be a qualified person.
In the document i sent you you will see the requirements to be a qualified person, i mean for an EEA national to be a qualified person

cheers

[kapil_24uk]

Kapil

one of the requirement is that she has to be a qualified person.
In the document i sent you you will see the requirements to be a qualified person, i mean for an EEA national to be a qualified person

cheers

hi

well from my understanding she has always been self sufficient aswe always had more than enough money in our accounts and im earning around 35k annually

so do u think this would be ok.
thax
kapil

[irakro97]

Kapil

To be honest i am not the right person to comment on that
may be call the home office or a solicitor to find out

cheers

[allenboo]

5.2 Retention of a right of residence following divorce or annulment of marriage /
dissolution of civil partnership

Regulation 10(5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the UK for at least one year during the
duration of the marriage or civil partnership, then the third country national retains a
right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the UK who is either a worker, selfemployed,
or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student
with sufficient resources to be self-sufficient.

Last edited by Swan on Sat Feb 07, 2009 4:55 pm; edited 1 time in total pls swan can u post the link where one can see these rules[/img][/code]

[Swan]

5.2 Retention of a right of residence following divorce or annulment of marriage /
dissolution of civil partnership

Regulation 10(5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the UK for at least one year during the
duration of the marriage or civil partnership, then the third country national retains a
right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the UK who is either a worker, selfemployed,
or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student with sufficient resources to be self-sufficient.

pls swan can u post the link where one can see these rules[/img][/code]

Hi allenboo
i believe it's this one, click on chapter 5: residence card and look at point 5.10

http://www.ukba.homeoffice.gov.uk/?page ... %20divorce
if the link doesn't work, just type in EEA DIVORCE in the keyword search of the UKBA website (looking for a form) make sure you choose all content

[allenboo]

thanks swan , seen it

[irakro97]

5.2 Retention of a right of residence following divorce or annulment of marriage /
dissolution of civil partnership

Regulation 10(5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the UK for at least one year during the
duration of the marriage or civil partnership, then the third country national retains a
right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the UK who is either a worker, selfemployed,
or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student with sufficient resources to be self-sufficient.

pls swan can u post the link where one can see these rules[/img][/code]

Hi allenboo
i believe it's this one, click on chapter 5: residence card and look at point 5.10

http://www.ukba.homeoffice.gov.uk/?page ... %20divorce
if the link doesn't work, just type in EEA DIVORCE in the keyword search of the UKBA website (looking for a form) make sure you choose all content

Hi Swan

have heard anything on your appeal

thanks

irakro97

[Swan]

Hi Swan

have heard anything on your appeal

thanks

irakro97

Hi Irakro, no news yet
I think we need to call the AIT and find out, we wanted to give some time after the submission deadline (30 March) ...
the thing is no one seems to know how long paper appeals take from withinn the UK, so we really have no idea where this is going the waiting nightmare continues !
Thanks for asking, i will update the thread as soon as i receive anything

[mego_1980]

Hi every body,

i'm non eu member, i've applied for PR and i'm doing divorce in the same time , both through solicitor

my question is How long will it take to receive the aknowledgment letter from HO?

from reading most of the previous forums . i think HO will require some evidence about my ex. exercing treaty rights during divorce time

my other question is ,Do you think it would be ok if my ex studying , my solicitor said it's not a problem as long as she is studying in UK.

regarding the evidence through divorce time, is that mean after Decree nisi or absolute.

thanks

[isceon]

regarding the evidence through divorce time, is that mean after Decree nisi or absolute.

From decree nisi to decree absolute the whole period.

[kampk121]

what is adecree nissi? decree absolute ?

[kampk121]

[quote="isceon"] thankx isceon. for ur reply. would u plz explain it briefly. what does mean the evedience through divorce which evedence? and if the divorce took place not in uk but abroad? then how does it work?
your comments will be most appreciated. thankx

[isceon]

In order to retain right of residence in the UK following divorce from an EEA citizen who was exercising treaty right in the UK,the HO requires (rightly or wrongly) from the Non EEA national to provide evidence of exercise of treaty right by the EEA citizen (ex spouse) at the time of divorce is finalised.They ask to see employment letter or any other form of evidence (pay slips,bank statement...certificate of scolarity etc...
from decree nisi to decree absolute.
In the United Kingdom the divorce takes place in two stages.
Petition is filed (proceedings ) then the judge check it and a decree nisi is prununced if all the legal conditions have been met.
After 6 weeks from that day if nobody is against it(the spouses could withdraw the divorce petition) the court prununce the decree absolute at that date and only then the divorce is Final and the EX spouses are free to remarry if they wish not before.
If the divorce has taken place abroad and is Final the HO will ask probably to see the evidence of treaty right at the date of the divorce .In my opinion if the EEA file for divorce from abroad this will prove that he or she is not residing in the UK any longer and it is bad news for the non EEA.

[mego_1980]

Thanks iscone for your replay but do you know any thing about the other questions

How long does it take to receive the aknowledgment letter from HO?

my other question is ,Do you think it would be ok if my ex studying in uk(exercing treaty rights during divorce time)

thanks

[isceon]

How long does it take to receive the aknowledgment letter from HO?

Depends of HO 2/3 months...they don't care

[

b]my other question is ,Do you think it would be ok if my ex studying in uk(exercing treaty rights during divorce time) [/b]

Studying is ok

[kampk121]

to isceon, woa that was so much helpful.. thankx u very much for ur promt reply. I have another question plz. if the non EEA apply the divorce from abroad, how come the HO would know that she has applied for the divorce?

[kapil_24uk]

In order to retain right of residence in the UK following divorce from an EEA citizen who was exercising treaty right in the UK,the HO requires (rightly or wrongly) from the Non EEA national to provide evidence of exercise of treaty right by the EEA citizen (ex spouse) at the time of divorce is finalised.They ask to see employment letter or any other form of evidence (pay slips,bank statement...certificate of scolarity etc...
from decree nisi to decree absolute.
In the United Kingdom the divorce takes place in two stages.
Petition is filed (proceedings ) then the judge check it and a decree nisi is prununced if all the legal conditions have been met.
After 6 weeks from that day if nobody is against it(the spouses could withdraw the divorce petition) the court prununce the decree absolute at that date and only then the divorce is Final and the EX spouses are free to remarry if they wish not before.
If the divorce has taken place abroad and is Final the HO will ask probably to see the evidence of treaty right at the date of the divorce .In my opinion if the EEA file for divorce from abroad this will prove that he or she is not residing in the UK any longer and it is bad news for the non EEA.

thanx isceon for ur reply but im in bit differt situation my wife never worked which is one of the reason we r going through divorce.so do u think imy case is going no whre as if HO require her employment details i wont b able to give any.
please put sum light on my case

many thanx
kapil

[Swan]

Hi Swan

have heard anything on your appeal

thanks

irakro97

hi irakro and everyone,
just in case you want an update on my case, click on the link where i posted it..


http://www.immigrationboards.com/viewtopic.php?t=38252

[irakro97]

Hi Swan

I believe nothing should stop your husband having multiple application in the home office. I think as long as he is allowed to switch category that should not be a problem.
in the line on the requested information by the HO that i think you've provided it seems that he s got a lot chances on his current application .
are you awaiting to hear on his appeal hearing ?

what AIT ?

Hi Swan

have heard anything on your appeal

thanks

irakro97

hi irakro and everyone,
just in case you want an update on my case, click on the link where i posted it..


http://www.immigrationboards.com/viewtopic.php?t=38252

[Swan]

Hi Swan

I believe nothing should stop your husband having multiple application in the home office. I think as long as he is allowed to switch category that should not be a problem.
in the line on the requested information by the HO that i think you've provided it seems that he s got a lot chances on his current application .
are you awaiting to hear on his appeal hearing ?

what AIT ?

Hi Swan

have heard anything on your appeal

thanks

irakro97

hi irakro and everyone,
just in case you want an update on my case, click on the link where i posted it..


http://www.immigrationboards.com/viewtopic.php?t=38252

thanks Irakro
it was a paper appeal so we got the determination in the post (a long 3 pages letter), and i think it was AIT Hatton Cross, the appeal took 3 months to be decided from teh time we submitted it.

the judge clearly ignored the fact that my husband is self sufficient and that it was impossible for him to communicate with his ex wife (it's a divorce for god's sake i don't know what planet these people come from, do they expect you to get divorced and be able to keep a good relationship with your ex to the point where she will be prepared to provide any documents you need whenever you need them ??!), they are clearly interpreting the rules themselves, i mean only take a look at this
http://ec.europa.eu/youreurope/nav/en/c ... index.html

anyway, although we were told it is possible to apply for FLR(M) from within the UK, i don't think he can do that, i heard many bad stories and refusals ..and even if we go ahead with it that's another risk of being rejected we are taking + getting both stuck without our passports here,

on the other hand he could fight for his right under the EU law, but that is such a lengthy, costly and painful process, i mean even those who won the appeal are still waiting for the HO to stamp their passports ! (and teh wait can be very long, a freind of his has been waiting for a year and a half now since winning the appeal !)

so now, my husband is thinking that the best and safest option is to go back home and apply for a spouse visa to join me, the down side to that is: he will have to wait another 2 years before he gets his ILR + we are going to be separated for few months (max 4 apparently) + he has to find a way to convince his employer to give him unpaid leave or something so he doesn't lose his job,
on the other side his chances of getting a spouse visa are very high, (we are both employed full time and I have ILR + we are legally married in the UK + we have been living together for more than 2 years with proofs ..etc )

what do you think?

[datuchi]

sorry, wrong thread

[isceon]

guys, just a quick idea here.

I don't know about you, but some countries allow up to 2 valid passports to be issued at the same time.


My RC expires October 2012, but it'll be 5 years from the marriage/exercising treaty rights in March, so I can apply for the CONFIRMATION OF MY RIGHTS in the shape of a PR from March 2012. If the Directive 2004/38 is followed in the future as to the time guidelines (6 months etc.), then I should be fine as between the application and the expiry of my RC.
However, having checked the current times for processing the PR applications http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/
it seems to take AGES from the time you apply. That effectively makes you a bloody prisoner in the country, since your RC will have expired while they are still considering your case etc.

I am personally hoping to do the following:

Apply for another EEA2 card in my NEW SECOND passport, (if your country doesn't allow 2 passports, then ANNUL your current one, which will still be valid accompanied by your new one if you wish to enter the UK!!!) and have a Residence Card valid for ANOTHER 5 years!!!

Later, in 2012, when I've applied for the PR (hopefully I'm still alive then, with all the crazy shit going on in the world), I will RECALL my passport back for 'URGENT' travelling reasons (which as you remember still has 2 years left on it. 2009-2014)

This way, you get your passport to go wherever you want while still being in the 'queue'!!!

Please correct me if this approach doesn't make sense!!! As I'm intending to do this as soon as I get the 2nd passport.

If you still have questions, just imagine a situation where you LOSE your passport. You then would need to apply AGAIN via EEA2 form anyway, and you don't get a concession as already having a Card in the past. You are making a NEW application??? Is that not ridiculous? I think it is! Another wait of up to a year!

Transfer of residence card or stamp

If you are issued with a new passport and want your residence card or family member residence stamp transferred you will need to make a new application. You should complete the appropriate application form and provide the required supporting documents.

What is this got to do with Retention of residence following divorce??
Start your own thread.

[Doe2000]

Hello everyone! I just found out about this forum today. I have read some of the messages here, they are very similar to my situation. Just got divorced from my EEA national wife who still leaves in London. I know I should be applying for PR now. These are my questions pliz: do I need a private lawyer to apply for PR, what kind of form do I need, can someone suggest a good lawyer who is able to do it for me, or can I apply for this myself?