Applying for an ILR via EEA4 after divorcing

[monder]

Hi all,

I am a non EU national who have been living in the UK for over 7 years. I got married in march 2003 and received a residence card for 5 years as a spouse of an EU national.
I got divorce in 2006 and sent my passport to the home office informing them of the change in my circumstance and they returned my passport with a new visa valid until 2012 with a letter informing me that I have the right to retain my residence based on reg 10(5) EEA 2006 and advised that I carry the letter with me every time I travel.
I am thinking of applying for an ILR next month using form EEA4 but I am not sure if I will need anything else apart from a cover letter with the original letter from home office. Also will I need to fill the EU partner section on the form?
I am in full time employment and married to another EU national for 6 months (forever this time!! i hope).

Any help will be appreciated.

Best Regards,

[VictoriaS]

You will probably need evidence that you have been here for 5 years.

Victoria

[magata]

will I need to fill the EU partner section on the form?

As you are in employment and not applying as dependent of an EC you should fill this section with your details!

VictoriaS Posted: Fri Feb 22, 2008 9:08 am Post subject:

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You will probably need evidence that you have been here for 5 years.

Victoria

Totally correct as to show that you have been resident in the UK exercising the treaty rights for a continuous period of 5 years. For example- if have been working or studying for the past 5 years, enclose payslips with the P60s, letters of employment along with evidence that been residing here in the UK like utility bills, correspondence to the same address etc should be submitted with the application. In the periods where not activity is clear should be explained in the cover letter


Pleasse see this link

http://www.immigrationboards.com/viewto ... highlight=


http://www.immigrationboards.com/viewto ... highlight=

Kind regards

Magata

[IMMIGRATION LAWYER]

We were successful with the so-called Retention Right application, that is, if you could prove that you were married for 3+ years as well as both of your worked in the the for at least 12 months before the divorce took place, you would be able to claim EEA right in your own name. That is not ILR, though.

We recently had a very similar case - the bloke applied for ILR and was refused...There was no right of appeal; suggested to rely on the Retention Regulation.

The Home Office requested a number of additional evidence, inluding a very stupid one; had to inform on escalation the case to JR; got the visa for 5 years in the bloke's name shortly after.

[sofia80]

Hi all,

I am a non EU national who have been living in the UK for over 7 years. I got married in march 2003 and received a residence card for 5 years as a spouse of an EU national.
I got divorce in 2006 and sent my passport to the home office informing them of the change in my circumstance and they returned my passport with a new visa valid until 2012 with a letter informing me that I have the right to retain my residence based on reg 10(5) EEA 2006 and advised that I carry the letter with me every time I travel.


Any help will be appreciated.

Best Regards,

Hiya mate, how u doin?

Very interesting what you posted. However, am in similar situation and I would love if you could tell me what kind a form I need to use in order to retain my residence so i can send it to the HO?

Is the marriage certificate and a Deecree Nisi and prove of employment should be enough? Cuz i havent got that many proves of cohabitation only for one year? But we both have resided here since 2004, and we still doing so but in different accomodation.

I would be gratefull if you could tell me please.

Many thx

[sofia80]

We were successful with the so-called Retention Right application, that is, if you could prove that you were married for 3+ years as well as both of your worked in the the for at least 12 months before the divorce took place, you would be able to claim EEA right in your own name. That is not ILR, though.

We recently had a very similar case - the bloke applied for ILR and was refused...There was no right of appeal; suggested to rely on the Retention Regulation.

The Home Office requested a number of additional evidence, inluding a very stupid one; had to inform on escalation the case to JR; got the visa for 5 years in the bloke's name shortly after.

Dear member,

I read your post and would be grateful if you could advice me please.

How can I prove that my marriage lasted for over 3 years? is the marriage certificate and a decree nisi are enough?

Many thx for your time

[thsths]

How can I prove that my marriage lasted for over 3 years? is the marriage certificate and a decree nisi are enough?

Yes, that should be sufficient. If you can also prove that you have been living together for 3 years, that would help your case, but it is not strictly necessary.

Tom

[isceon]

[edit

[Adam09]

How can I prove that my marriage lasted for over 3 years? is the marriage certificate and a decree nisi are enough?

Yes, that should be sufficient. If you can also prove that you have been living together for 3 years, that would help your case, but it is not strictly necessary.

Tom

Hiya,

Oooch! that would be tricky to prove it, cuz we only lived togther for one year! does it matter?

Also, the H.O asked me 2 provide a decree final which is somehow confuuuuusing..

Would be great if you can drop us what you think please mate..

Take care

[judde]

So what happen to de guy? has him finally got his residence

[irakro97]

Hi

I have read with interest the work you have done for your client and i am interested in being in touch with as my brother is in the same situation as your client and having not resolved is issue yet although the marriage lasted more than 3 years they have live and work in the UK for more than a year now divorced

Thanks if you could let me know how to contact you in private

Irakro