EEA4 Married to EEA but divorced after 3 years

[gusola]

Hi guys, wonder if any of you can help me, I was married to an EEA, divorced after 3yrs, 1 yr living together in UK, got EEA Family permit at the UK embassy in 2005 then extended by HO until 2011, but havent heard or seen from her since 2007 actually don't even know where she is at present, sent my ppwrk to HO with EEA4 form back in Feb'10 together with a letter explaining that I didnt have any docs to support her stay for that year or a clue as to where she is as one day she left the house and that was the end of that, next time I knew of her was to sign for the divorce (she took care of everything as she was with another man!), got COA in March with a case number and a ref number, but havent heard from them ever since, I'm panicking at the moment as I think this is gonna go very wrong for some reason and I will be asked to leave the country because I can't provide evidence of her stay back in 2005-2006, I have been in the same job since I arrived in '05 (with two promotions) and got a degree from a UK university during this time, what do you guys think??? The last thing in my mind is to go back to where I come from and pennyless as all I've earned during this time has gone on education and gen living...just the thought of going back makes me feel sick...you guys have no idea how rough it is over there...thank you

[troubled]

How do you prove that your ex exercised treaty rights over the three years you were together? Have you got her P60`s,wage slips,or anything to show that she was even here from the period you initiated the divorce till the time decree absolute was granted? If not then prepare to hear from HO in due course

[gusola]

Thank you Troubled
The only docs I have left of her are the same docs I sent to the HO for the first renewal (EEA2) 4 years ago which are a copy of her passport, a copy of our marriage certificate (certified and translated in English) and 3months' bank statements plus all my pay slips and bank statements of that time, with those docs they renewed my EEA family permit for 5 years until 2011, during the first year she took 8-9 months full time English lessons which I think I can trace back to the institute in central London (if needed) and then worked in a hotel near regents park for the remaining of that year so the first year can be proved somehow, reading our case study says: "for as long as the couple were married for more than 3yrs and living in the UK for a year or more exercising EU rights...I retain the right of residence" which is exactly my case but I'm worried that they will pick on something else or something I'm missing out on when reading the law...

[bobobo]

gusola, when you apply for PR on EEA 4, you would need to prove that your ex was exercising her rights in UK, specially from the time the divorce was initiated until the decree absolute was granted. Unless you can prove this you are in for a tough time. The HO have the backing of AIT as well, whee its neccesary to provide proof of eea national exercising treaty rights (this is also mentioned in the eea guidance notes - case workers instructions). They might not ask you for her Passport but you will have to show the following (just to give you an idea):
Letters, Bills, Statements in the same address for both of you, joint accounts, her payslips, p60's and so on to prove she was in the Uk and exercising rights, you might need a few more things if your spouse was a student or a self sufficient person - Comprehensive Sickness Insurance.

Thank you Troubled
The only docs I have left of her are the same docs I sent to the HO for the first renewal (EEA2) 4 years ago which are a copy of her passport, a copy of our marriage certificate (certified and translated in English) and 3months' bank statements plus all my pay slips and bank statements of that time, with those docs they renewed my EEA family permit for 5 years until 2011, during the first year she took 8-9 months full time English lessons which I think I can trace back to the institute in central London (if needed) and then worked in a hotel near regents park for the remaining of that year so the first year can be proved somehow, reading our case study says: "for as long as the couple were married for more than 3yrs and living in the UK for a year or more exercising EU rights...I retain the right of residence" which is exactly my case but I'm worried that they will pick on something else or something I'm missing out on when reading the law...

[gusola]

bobobo,
It seems like everything is pointing in the wrong direction for me now as I have few or none of the docs you mentioned, this is really stressing me out! is there any way around this? does it not count my five years in the same company (stability) paying taxes and my degree from a recongnized UK university (improving myself), no traffic offences or tax penalties or criminal record and being a good cittizen in general are these things not taking into consideration? There has to be another way of applying for PR...

[bobobo]

I am afraid not atleast not if you want to apply for PR following the EEA route, as you will need to prove that your sponsor was in the UK and was exercising their treaty rights. The HO would need to see proof of this. If your sponsor is not exercising their rights here then you dont have any right to be in the UK as well (this is what the law states) and thats why the HO want to see the sponsor was :
a) In the UK
b) Marriage lastedd for > 3 years atleast 1 in the UK
c) The Sponsor was exercising rights in whatever form in the UK.

bobobo,
It seems like everything is pointing in the wrong direction for me now as I have few or none of the docs you mentioned, this is really stressing me out! is there any way around this? does it not count my five years in the same company (stability) paying taxes and my degree from a recongnized UK university (improving myself), no traffic offences or tax penalties or criminal record and being a good cittizen in general are these things not taking into consideration? There has to be another way of applying for PR...

[gusola]

Thank you bobobo...

[bobobo]

sorry to be the carrier of bad news but I would strongly advise you to speak to an Immigration Solicitor who is strong in European Immigration.

Thank you bobobo...

[gusola]

It really is bad news my friend, I saw my whole life in front of me for a moment, but hey nothing better than to be told the truth is it?
That's a good idea, I'll see what I can find on the net...there has to be something, there has to be a way! (I hope)

[raoulll]

How do you prove that your ex exercised treaty rights over the three years you were together? Have you got her P60`s,wage slips,or anything to show that she was even here from the period you initiated the divorce till the time decree absolute was granted? If not then prepare to hear from HO in due course

hi troubled,i just need to know if it's enough to get your own right of residence if you show that your wife exerced her treaty right from the period she initiated the divorce till the time decree absolute was garnted plus document show you were maried and living together over 3 years in UK
in case you retain your right of residence what document you have to submit for you PR after 2 years time.

[bobobo]

The Caseworker instructions state that you would need to provide proof of eea family memeber xercising treaty rights throughout the period, if divorced then this should cover the periods from when the divorce was initiated until the decree absolute was granted.

After you retain your rights of residence you just need to provide documents for the Non EEA family member proving that they have exercised treaty rights in UK for 5 years and have not been away from UK for > 6 months in any 1 year.

hi troubled,i just need to know if it's enough to get your own right of residence if you show that your wife exerced her treaty right from the period she initiated the divorce till the time decree absolute was garnted plus document show you were maried and living together over 3 years in UK
in case you retain your right of residence what document you have to submit for you PR after 2 years time.[/quote]

[raoulll]

The Caseworker instructions state that you would need to provide proof of eea family memeber xercising treaty rights throughout the period, if divorced then this should cover the periods from when the divorce was initiated until the decree absolute was granted.

After you retain your rights of residence you just need to provide documents for the Non EEA family member proving that they have exercised treaty rights in UK for 5 years and have not been away from UK for > 6 months in any 1 year time.

thanks for your reply
but what about this 3 years which i lived with eea national and i was working 2years from this 3years
can i include this 2 years which i was working and married to eea national to apply for PR later without use any comprehencive inssurance that time??

[bobobo]

your PR countdown starts after the day you got married, so every day after your marriage counts towards PR (5 yrs) even if you get divorced the calculation would start from when you got married. The common mis conception is the time starts after you got your RC issued, which is NOT the case. Also please note that Comprehensive Insurance only kicks in if the EEA family member is not working or if he/she are a student. If they have been working then this is not needed. hope this answers your questions.

The Caseworker instructions state that you would need to provide proof of eea family memeber xercising treaty rights throughout the period, if divorced then this should cover the periods from when the divorce was initiated until the decree absolute was granted.

After you retain your rights of residence you just need to provide documents for the Non EEA family member proving that they have exercised treaty rights in UK for 5 years and have not been away from UK for > 6 months in any 1 year time.

thanks for your reply
but what about this 3 years which i lived with eea national and i was working 2years from this 3years
can i include this 2 years which i was working and married to eea national to apply for PR later without use any comprehencive inssurance that time??

[raoulll]

your PR countdown starts after the day you got married, so every day after your marriage counts towards PR (5 yrs) even if you get divorced the calculation would start from when you got married.

[/quote]

thank you for reply,but in case i retain my right of residence only with
-document prove cohabitation for 3 y.
-my wife exerce her treaty right in the period of divorce
-i have job after divorce
after 5 years from my mariage i can apply for PR only with
-i was working for 5 years(i exerce treaty right)
OR
-she was working 3 years(she exerce her treaty right)+i was working 2 years.

[raoulll]

your PR countdown starts after the day you got married, so every day after your marriage counts towards PR (5 yrs) even if you get divorced the calculation would start from when you got married.

thank you for reply,but in case i retain my right of residence only with
-document prove cohabitation for 3 y.
-my wife exerce her treaty right in the period of divorce
-i have job after divorce
after 5 years from my mariage i can apply for PR only with
-i was working for 5 years(i exerce treaty right)
OR
-she was working 3 years(she exerce her treaty right)+i was working 2 years.[/quote]

any one out there!!!

[bobobo]

I get the feeling you are confusing Retaining Rights and PR. Note the following:
For retaining your rights you need to prove:
your eea family member was exercising rights for 3 years+ specially from divorce initiation to Decree Absolute, you were living together at least 1 yr in UK. you were working+studying in UK.

after you Retain your rights then for PR you just need to prove what you have been doing for 5 years. the EEA family member does not figure in anywhere.

Make sure you have all the documents to prove the 3 years you were married with your ex for retaining the rights.Sample docs would include:
your ex's p60,p45,wage slips, employment contract, letter from employer, bills, tenancy agreements, bank statements etc having the same address.Proof of when the divorce was initiated, Retaining righst is Very tricky so make sure you have all docs submit as much info as you can.

your PR countdown starts after the day you got married, so every day after your marriage counts towards PR (5 yrs) even if you get divorced the calculation would start from when you got married.

thank you for reply,but in case i retain my right of residence only with
-document prove cohabitation for 3 y.
-my wife exerce her treaty right in the period of divorce
-i have job after divorce
after 5 years from my mariage i can apply for PR only with
-i was working for 5 years(i exerce treaty right)
OR
-she was working 3 years(she exerce her treaty right)+i was working 2 years.

any one out there!!![/quote]

[raoulll]

[

quote="bobobo"]I get the feeling you are confusing Retaining Rights and PR. Note the following:
For retaining your rights you need to prove:
your eea family member was exercising rights for 3 years+ specially from divorce initiation to Decree Absolute, you were living together at least 1 yr in UK. .

you are right i'm lost,you said for retain your right i need to prove my x was exercing her right for 3 years including divorce time,what about who lived in uk only one year from the 3 years of marriage

you were working+studying in UK

what do you mean here,i'm not student.

after you Retain your rights then for PR you just need to prove what you have been doing for 5 years. the EEA family member does not figure in anywhere.

like i said on this 5 years i didn't work the first year(my x worked)
and for apply for PR you have to prove you exerce your right for 5 years
and if i don't include her it's mean i didn't exerce my right the first year
correct me if i'm wrong:
if i retain my right of residence after prove my x wife exerce her treaty right for 3 years+period of divorce,i don't have to submit her document again when i apply for PR,I just prove that i was exerce my treaty right for one and half year after divorce,i'm asking this question because i'm not sure if my x would help me or even find her after 2 years time from now!!

[ran]

Hi guosla,

As far as my understanding and knowledge goes you need to provide the following evidence for retention of EEA rights:

1) Proof of EEA partner exercising treaty rights till initiation of divorce.
2) Subsistence of marriage for 3 years
3) 1 of those 3 years being spent in UK.

I have carefully re-read the current Caseworker Manual http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary.
Please refer to section 5.4.1, 5.4.2 and 5.4.3

I personally know someone who has gone through this process and know of several others through different forums. As far as I know that regarding pt.1 evidence of exercising of treaty rights till initiation of divorce is sufficient.
Otherwise in cases where EEA nationals who have left UK after the initiation of divorce, the retention of EEA rights by the non-EEA partner will always be rejected - but this is definitely not the case.

In addition for EEA nationals exercising treaty rights as a self-sufficient person or as a job-seeker the evidence of the above will be generic at the best i.e. it usually will depend on the non-EEA partner's employment mainly, in my opinion.

Also in the caseworker manual no mention is made specifically for the period between initiation and finalization of divorce.

Although I do understand where the grey area is - under the EEA rules initiation of divorce does not legally mean that the non-EEA partner can (automatically) regain his/her rights from that point. It only happens after the finalization of divorce.

Although naturally the other members have had their own experiences especially in terms of when the EEA partner is exercising treaty rights through employment and or stays on in the UK after the divorce initiation.
Maybe senior members can comment on this further.

Regards,
Ran

[George30]

hi guys..
thak you for the information you shared about this topic..
i have one question what is the reason of there divorce..
thanks and advance..
have a great day..

[bobobo]

george it does not matter what the reason of the divorce is, what matters is the questions raised by the OP. Not everyone feels comfortable in disclosing all information, so maybe good to stick to the topic....

however,read the post carefully and you will get the answers....

hi guys..
thak you for the information you shared about this topic..
i have one question what is the reason of there divorce..
thanks and advance..
have a great day..