EEA4 Permanent Residency retaining rights after divorce

[asantos]

Hi all,

First of all, a big thank you to all in the forum for the clarifications and support. I decided to start a thread here to help others in the same situation as mine, which I will keep updating as things develop.

My case: non-EEA married to EEA national, retaining rights after divorce

Arrived in the UK: June 2003 (tourist visa 6 months)
Applied as student: Nov 2003 received 1 year visa in Dec 2003
Married EEA: 06 Dec 2004
Applied residency card: Jan 2005 received Feb 2005 for 5 years
Started divorce procedures: 13 Dec 2007
Decree absolute granted: 6 June 2008
Applied for PR: 10 Feb 2010
Issued COA: 1 Mar 2010
Living in the UK with EEA from Jun 2004 to Dec 2007.

Myself: Always working throughout the entire period in the UK
Provided HO with payslips, bank statements, P60s, P45s and my passports. These are covering the entire period of 5 years.

EEA: Unemployed during two spells, one of 6 months and one of 1 month during the period of marriage (i.e. from Dec 2004 to Dec 2007), otherwise always working.
Provided HO with certified copies by a Chartered Accountant of payslips, P60s, P45s and current passport. These are not convering the entire period of 3 years as there are gaps although each year is sampled there.

Co-habitation: Provided HO with 2 different rental agreements, rent receipts, various different bills for a period that goes from Jun 2004 until Dec 2007. Some are originals other certified copies. One rental agreement is in both our names and everything else is either my name or EEA's. A mixture of originals and certified copies. I did not cover the entire period month by month, but have at least 6/7 months of each year.

I used a solicitor whom revised everything I had prepared just for the sake of it.

So far, I am thrilled about the outcome which has been extremely fast compared to what some of you guys have encountered although still a long way to go. I did make full use of all my readings on this forum, UKBA website and other sources trying to cover as much as possible trying to avoid the issues some of you have gone through.

I will keep updating here, so perhaps if my application runs smoothly we may have a good example for others to follow.

All the best!

[Plum70]

Pardon my somewhat cynical review, but...

• 1. 1-year student visa issued Dec 03
  2. Married EU national 6 Dec 04
  3. Divorce proceedings started 13 Dec 07.

Like clock work... very precise timings!

Hope you and your ex parted amicably (should you still need their help in securing PR) cos myopia can be a drag!

[Wanderer]

Pardon my somewhat cynical review, but...

• 1. 1-year student visa issued Dec 03
  2. Married EU national 6 Dec 04
  3. Divorce proceedings started 13 Dec 07.

Like clock work... very precise timings!

Hope you and your ex parted amicably (should you still need their help in securing PR) cos myopia can be a drag!

Hmm exactly three years, I share ur concerns. ECO's aren't daft, u'll need to prepare for their suspicions, red flags abound here...

[asantos]

Plum70 and Wanderer

I appreciate your comments and "concerns".

The case is genuine as I can clearly prove and therefore am not in the slightest worried about case workers' mental/eyesight status. As members of this forum you are both aware of the difficulties for people in the same situation as myself, hence the decision to share my case as it is just so a proper and fair view is expressed, one which can perhaps help others.

As said, I will keep you all informed.

[mochyn]

How much did you pay for your marriage?

[asantos]

How much did you pay for your marriage?

I presume you are suggesting this was an arranged marriage, but I can assure you it was not the case, so no payments were exchanged.

In all honesty, I can keep posting to help all members or simply stop the thread if the only replies I get are in the same line of thought. Note that I am not seeking comfort or backing here nor am I looking for exchange of insults and accusations.

I do respect that everyone is entitled to an opinion, however I am also entitled to the right of silence and I believe that for some people in the forum it would be a pity because they are in the same boat as I am.

[rinna]

Asantos, i will say you are a great member of this forum, keep us posted. So how many bills did you send roughly to cover those years?

[asantos]

Asantos, i will say you are a great member of this forum, keep us posted. So how many bills did you send roughly to cover those years?

Hi rinna,

I sent bills covering a period that started before the marriage (when we were already living together) up to a month after divorce proceedings started. That was all I had.
I also sent my P60s, P45s and payslips for 5 years from the date of the marriage as well as my partner's P60s, P45s and bills from marriage date to the date divorce proceedings started.
For bills, I covered every single year sending 2 or more different bills and having a least 10 months per year. Before more 'constructive' comments are made, I am an accountant so keeping records of my bills and documents is normal practice, not only for immigration matters.

BTW, my solicitor was contacted by the HO on 29/03 and asked to send evidence that the EEA was exercising treaty rights up until the date of decree absolute was granted as well as my passport (which I asked back for work travel arrangements). Evidence was sent the day after in the form of my ex's company financial statements for the year ending after the date decree absolute was granted.
PLEASE, remember to send this as well with your application.

I am expecting some news very soon as I believe that my process ran very fast compared to others.

PM me in case you feel that there is anything else I can help.

AS

[asantos]

Hi all,

Following on my last message, I sent the evidence that my ex-EEA was working up to the date decree abslute was granted.

I did not send my passport because I have been travelling while the process is running, and happened to be going away again on the 8th April.

HO contacted my solicitor on 9th April to request my passport because my PR was granted!
As I was away on business my solicitor informed HO that passport would be sent on the 29th April, date of my return.
I am now just waiting for it to be returned to me.

All in all my process took 2 months.
Sent on the 10th February, contacted on 9th April to be informed that PR was granted.

As I said at the begining of this thread, my intention to share was to explain in detail how I put my process together and in case it had a fast and successful outcome, could be used as a guide to help everyone out there in the same situation.
It happened and am available to help anyone, just contact me.

Cheers and best of luck!

[mego_1980]

Congratulation to you , very very good news

[kutz]

Congratulations! It is certainly encouraging to see that your application has been granted after 2 months only, since I'm about to apply for PR via EEA4 with similar conditions:
Divorced, Self-Employed ex, etc, etc.

I've got two questions:
1. How did you manage keep your passport and travel with it during the time your application was being considered. I was under the impression that once your Right of Residence has expired, you have got no right to re-enter the UK.
2. Who did you use as solicitors?

Thanks

C