Divorce EEA national - urgent help needed

[JustinKing]

I have been living in the UK for close on 8 years now. I married my childhood sweetheart (so I thought) in June 2003. We got divorced in May 2007 due to many things but the main reason was that I had opened with a friend,british passport holder, an electrical contracting firm in London and that I could no longer say or give a time frame as to when we would return to South Africa if we would return at all.

She filled for divorce.

I sent my application for indefinite leave to remain in the Aug of 2008 and in November of 2009 I had a letter from the home office requesting that I prove that my ex wife was exercising treaty rights in the uk at the time of our divorce.

We have been divorced for 2 and a half years and are not on speaking terms whats so ever. I am unable to supply this documentation to the home office.

The UK is my home as I have been here for 8 years, I have been running an electrical contracting firm for 3 and a half years, my only immediate family are residing in the uk, being my Mother of 57 and my little sister of 18 both now British residents.

Is there anyone who has been in a similar situation to myself? Any advice on how to get around this issue, any information would be greatly appreciated. Im running out of time as the home office has given me 21 days from the 5th of November.

Thank you in advance

Justin

[jude]

Listen Man you need to sent what they ask if not ur stay would be refuse trust me. Do you have any letter or payslip of her during the time of divorce? if not try and find the company where she was working or working. You really need her help boy.

[Obie]

Unfortunately, it doesn't make a blind bit of difference to the HO the length of time you have spent in the UK or the family ties you have established.

Under the EU regulations, you are only allowed to retain the residency you obtained by virtue of your wife's presence in the UK, if you marriage lasted for 3 years prior to the Decree Absolute been issued or pronounced, and in the period before the Decree was issued, you have to provide evidence that you wife was a Qualified Person , which is a Worker, Self-Employed, Student or Self Sufficient, and also demonstrate you will meet those criteria if you were an EEA national, before you will qualify.

You will need those evidence or you will stand no chance.

Try and see if you can obtain her employment records or bank statement showing her exercising treaty right before you became legally divorced.

It would help immensley if you can foster an amicable or cordial relationship with her.

It is unwise to have thought you will not need her, after the divorce. You should have checked the position in regards to your residency.

[JustinKing]

Thank you so much for your response. I have been in contact with her on and off since the divorce 2 and a half years ago and I thought we were being civil towards one another. I received this letter from the HO on the 5th of November and got in contact with her for help.

She refused outright to provide any information to me, and that she was instructed by her embassy not to provide me with any information. So im at a lost cause here I guess.

Im not sure where to turn, I know where she was employed but im sure they would not be willing to provide such information, data protection act etc.

Where does one go from here????

Thanks again

Justin

[Obie]

Justin, you seriously should not have applied to the HO for Permanent Resident without first becoming knowledgable as to what the requirements are, or familiarising yourself with the rules.

I have heard about 2 successful cases, where a private investigator swore an affidavit that the divorced EEA spouse of an Non-EEA national, was employed in a particular place, and this was admissable in court one of the cases succeeded and the other, i am unsure of the outcome.

If you two lived together until 2007, you should have some evidence in the house, that she was working, or joint bank statement or financial committment in your names prior to the divorce.

You only need to provide the HO records covering the period up to May 2007 and nothing more. No need to provide for the period after. If you can't dig up anything from the archive, then your only option is to go through the appeal process, and within that time, probably hire an investigator, if every effort at getting through to her prove futile.
Contacting a mutual friend might help.

Although i must say, contacting her at this point when you need her help doesn't help things a lot. Perhaps you should not have initiated the contact with the request for assistance.

[JustinKing]

Thanks once again Obie,

I did seek advice from a company in London, who submitted my application to the HO, I was aware of what was needed, though in saying that I was unaware that I had to prove that my ex had treaty rights in the uk.
She actually began emailing me to inform me that she was intending to move back to London and whether I had successfully removed her off my trust etc... So conversation was on going, I then asked her for some help. Which she outrightly refused.
The company that I am using at the moment for my case, provided help/advice to my ex while she was living in the UK for the divorce proceedings in the March of 2007. Im sure they should still have details on this? Would this help in any way? Could they perhaps contact her last employer in the UK?
I know they are working on my case, but it sounds like this will be fruitless.

I thank you so much for your advice and assistance in this Obie.

Cheers

Justin

[Obie]

[quote=" Policy on Retention of Resident"]


10.“Family member who has retained the right of residenceâ€

[JustinKing]

Thanks once again Obie, you have been a great help. I think firstly I am going to try the option of the private investigator as you advised, otherwise I will move onto another tier if unsuccessful.

Thanks so much for your help, will keep this updated of the result.

Cheers

Justin

[Tomuk]

Hey Obie,
Can I divorce after obtaining recently PR as non-eea national married to EEA national. Would this effect my PR status, would they revoke it, and do I need to inform Home office about the divorce.
Thank you for your help

[mochyn]

You need to issue seperate thread for this not use somebody elses post

[Pakhtoon]

Hey Obie,
Can I divorce after obtaining recently PR as non-eea national married to EEA national. Would this effect my PR status, would they revoke it, and do I need to inform Home office about the divorce.
Thank you for your help

Hahaha this one is gold.

[ElenaW]

Hey Obie,
Can I divorce after obtaining recently PR as non-eea national married to EEA national. Would this effect my PR status, would they revoke it, and do I need to inform Home office about the divorce.
Thank you for your help

OH MY GOD...wha?????!

[Dare4u]

hi all,
i am a non EEA national and i applied for my family memer of EEA resident permit on the 28th jan 2009 which is still in the back log of home office i m bit worried what should i do so they can speed up the process of my application and decide it.

[mego_1980]

hi all,
i am a non EEA national and i applied for my family memer of EEA resident permit on the 28th jan 2009 which is still in the back log of home office i m bit worried what should i do so they can speed up the process of my application and decide it.

Hi Dare4u,

Are you married or divorced?
Did Home Office ask you for some more documents during this period? if yes what did they ask yoy for?

Thanks

[Obie]

Hey Obie,
Can I divorce after obtaining recently PR as non-eea national married to EEA national. Would this effect my PR status, would they revoke it, and do I need to inform Home office about the divorce.
Thank you for your help

Sorry for missing your question.

Once you have obtained a PR status, it cannot be revoked unless you are absent from the UK for over two years or posed a Serious threat to Public Policy, Public Health or Public Security.

You can retain your status exclusively in your on right and can sponsor non-EEA family members under national rules.

[Dare4u]

hi all,
i am a non EEA national and i applied for my family memer of EEA resident permit on the 28th jan 2009 which is still in the back log of home office i m bit worried what should i do so they can speed up the process of my application and decide it.

Hi Dare4u,

Are you married or divorced?
Did Home Office ask you for some more documents during this period? if yes what did they ask yoy for?

Thanks

[JustinKing]

I would just like to let you all know, I have been granted my indefinite leave to remain. After 19 months, I can finally start living again. Thanks Obie for all your advice and help. Best of luck to everyone who is struggling, hang in there, there is always a light at the end of every tunnel.

Justin

[mochyn]

I would just like to let you all know, I have been granted my indefinite leave to remain. After 19 months, I can finally start living again. Thanks Obie for all your advice and help. Best of luck to everyone who is struggling, hang in there, there is always a light at the end of every tunnel.

Justin

Great news!

good advice for those who operate within the immigration rules

[sleeper]

I would just like to let you all know, I have been granted my indefinite leave to remain. After 19 months, I can finally start living again. Thanks Obie for all your advice and help. Best of luck to everyone who is struggling, hang in there, there is always a light at the end of every tunnel.

Justin

Congratulations! Good news!
Did you manage to get a proof that your ex was exercising her treaty rights before the divorce? Or what did you provide to HO when they asked you in their letter?