Retaining right of residence after a divorce with an EEA

[mzenzen]

hi guys..

i'm joining the already existing club of all those who are applying to retain their right of residence after a divorce with EEA.

a briefing about my story..

- got married in 06/09/2006 in germany
- moved to the UK on the 10 of june 2007 and got my RC on the 13 of Febuary 2008
- divorce initiated on the 21 sept 2009 but the decree absolute was granted on the 15/03/2010

that make it that i was married for 3.5 years and 2.5 years lived in the UK..
i was a full time student since i came and just graduated this year.. so i guess that makes it that i was exercing treaty rights as a student and my ex wife was working all this time in the UK.

i got a letter from her company stating that she has been working there until the time of the divorce. but i got nothing with both our names.. i got seperate bank statements and bills of both..

based on this, and from what i read on this forum.. i understand that i qualify to apply for the retention of residence.. the problem is i work full time with a salary of 800£ a month at the moment, and since i just graduated i'm looking for a job, so i dunno if to delay the application until i get a job or do it now.. but if i do it now that means i send my passport and will not be able to prove i can work to any future employers!!

but anyway.. i'd like to know what you guys think about my case.. do i have all what i need or not??? if not.. then what else would i need??

thx guys.. ur comments would be very helpful....

[mzenzen]

one more thing guys.. i mentioned my salary above.. do you guys think that they consider how good is the salary with such applications or not???

[bobobo]

As long as you have documentation for yourself and your ex showing the SAME ADDRESS you shouild be fine. Also make sure you have proof of her working from initiation of divorce until Decree Absolute, if this is not there then you are in for trouble. Show as much paperwork as you can to ease things.

As far as your salary is concerned as long as you can sustain yourself and have No Recourse to Public funds i.e. dont claim benefits you will be fine.

Before you send your passport scan it on your computer and make a few copies, you should have not trouble with the copies and a COA from HO confirming that your passport is with them. Employers accept that and if you come accross asomeone who gives you a hard time just give them the COA and ask them to call the HO to confirm your story.

Hope this helps, any more questions just feel free to ask mate.

hi guys..

i'm joining the already existing club of all those who are applying to retain their right of residence after a divorce with EEA.

a briefing about my story..

- got married in 06/09/2006 in germany
- moved to the UK on the 10 of june 2007 and got my RC on the 13 of Febuary 2008
- divorce initiated on the 21 sept 2009 but the decree absolute was granted on the 15/03/2010

that make it that i was married for 3.5 years and 2.5 years lived in the UK..
i was a full time student since i came and just graduated this year.. so i guess that makes it that i was exercing treaty rights as a student and my ex wife was working all this time in the UK.

i got a letter from her company stating that she has been working there until the time of the divorce. but i got nothing with both our names.. i got seperate bank statements and bills of both..

based on this, and from what i read on this forum.. i understand that i qualify to apply for the retention of residence.. the problem is i work full time with a salary of 800£ a month at the moment, and since i just graduated i'm looking for a job, so i dunno if to delay the application until i get a job or do it now.. but if i do it now that means i send my passport and will not be able to prove i can work to any future employers!!

but anyway.. i'd like to know what you guys think about my case.. do i have all what i need or not??? if not.. then what else would i need??

thx guys.. ur comments would be very helpful....

[mzenzen]

thanks man.. really appreciate ur help..

luckily thx to this forum i was able to know this before the divorce.. so i managed to get a letter from my ex's wife employer stating that she has been working since we came to the uk until 3 days after the decree absolute was issued..

based on what you said, i think i better just apply now without having to wait.. and just keep a scanned copy of my passport for any future job possibilities..

do you guys know if there is a time limit for them to respond to such applications? i have read few stories on this forum and i noticed that it's different with everyone.. and most times it takes 1 year!!!!

chears...

[raoulll]

i managed to get a letter from my ex's wife employer stating that she has been working since we came to the uk until 3 days after the ..

hi mzenzen,do you think it's enough to prove that you x wife was exercing treaty right only with employee letter and nothing else (p60's,payslips).

[mzenzen]

not really.. based on what i read on this forum before.. i understand that things like p60s and payslips are needed too.. i have a letter just to prove that she was working in the time of the divorce.. as this is an issue that many others have had a problem with.. but i do have some payslips and p60s..

[mzenzen]

hey guys.. i have a quick question..

i have been a full time student in the period of the marriage.. but i worked as part-time too.. do you guys think i should send my P60 too??? cause as a part time worker i didnt pay any taxes...

what do u guys think?

[mzenzen]

i have few other questions guys,

i'am in the process of gathering the documents that i need to send to the HO to retain my right of residence.

the question is: as a student i got my student fees paid by the student loan comapny. is that considered as public funds??

can i send document relevent to the student loan company, or would that creat me any problem?

so do i send them or no???

can anyone give me a clear idea please? thanks everyone

[mzenzen]

come on people?? anyone with any idea about my questions please?????????

[mzenzen]

are my questions this hard??

can anyone please help here

[troubled]

student loan is not counted as public funds.It is a loan you are going to pay with interest which is not free in the first place.Being a student is a form of exercising treaty rights under eea regulation so do not worry.If you are working as well send your P60`s with all the documents you got.One question, is your eea partner a student as well?If so then you need medical insurance as well otherwise you have problems with HO

[mzenzen]

Troubeled.. THANK YOU VERY VERY MUCH for the reply..

as for your question, my ex wife was working full time all this time the time that we have been together in the UK, so i hope this is ok..

1- i was working part time only, so do you reccon i should still send my P60? cause as a part time worker i didn't pay any taxes..

2- i also have letters from the Student loan company on my name and my ex wife name.. is it good to send too? or would it be bad for me??

if would be very grateful if you could answer me these questions..

thx a lot..

[mzenzen]

hey guys,

I sent a letter to the HO about 2 months ago requesting them to give me information on to what i need to send them to retain my right of residence, since then until now, i got no reply, i finally got a job so i will just send all documents i have and my contarct to the HO in about 2 weeks.
the decree absolute came out on the 17th of marsh 2010, that means so far about 5 months ago, do you guys think that the HO will be asking why i didnt apply until now???

thx everyone

[Mary1]

Hi

do you guys think that the HO will be asking why i didnt apply until now??? Not really just send the necessary documentation and a letter explaining your new circumstances...,,

Mary

[bobobo]

mate a letter itself will not suffice. Remember the onus is on you to furnish all information to the HO and then wait for them to get back to you. There are several posts and topics that deal with this issue. See the following for instance
http://www.immigrationboards.com/viewtopic.php?t=49031

whilst reading this you will also get an idea on what documents you need to send. One thing that you must have is the proof that your ex was exercising treaty rights in UK since divorce initiation until the decree absolute was granted. Also if you have received a Resident Card before they might not ask for your ex's passport or national id card.

hey guys,

I sent a letter to the HO about 2 months ago requesting them to give me information on to what i need to send them to retain my right of residence, since then until now, i got no reply, i finally got a job so i will just send all documents i have and my contarct to the HO in about 2 weeks.
the decree absolute came out on the 17th of marsh 2010, that means so far about 5 months ago, do you guys think that the HO will be asking why i didnt apply until now???

thx everyone

[mzenzen]

Hi everyone,

well i got all my documents ready to send so i thought I'll call the HO just to be more sure about everything and asked what i need to provide them...

First, the advisor told me that i dont need to apply for anything and all i need is to provide evidence of me working when I apply for PR!!!!! so I said that I'm not very convinced about this and if he could check for me again.

Second, he comes back to me and say well he just got informed about it and now what i need is to prove that i am working and that my ex was exercing treaty right in the time of the divorce, so i asked how about before the time of the divorce and if i need to show that she has been working all this time that we have been married for, he replies to me saying NO, all you need is to show she was working in the time of the divorce and that you are working at the moment!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

i have over 70 document ready to send them cause i thought they want every detail about us and now this guy tells me i dont need any of all this!!! so what in the name of God do these people want?????? now I'm totally confused!!!!

[bobobo]

mate send everything, better safe than sorry. Just make sections and write a cover note saying what each of these sections have.
e.g. section A - non eea passport, decree absolute, proof of divorce initiation, proof of eea national exercising treaty right from initiation until decree absolute.
Section B - Proof of cohabitation etc.... just to make sure they dont need to dig too much to find relevant docs.

Hi everyone,

well i got all my documents ready to send so i thought I'll call the HO just to be more sure about everything and asked what i need to provide them...

First, the advisor told me that i dont need to apply for anything and all i need is to provide evidence of me working when I apply for PR!!!!! so I said that I'm not very convinced about this and if he could check for me again.

Second, he comes back to me and say well he just got informed about it and now what i need is to prove that i am working and that my ex was exercing treaty right in the time of the divorce, so i asked how about before the time of the divorce and if i need to show that she has been working all this time that we have been married for, he replies to me saying NO, all you need is to show she was working in the time of the divorce and that you are working at the moment!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

i have over 70 document ready to send them cause i thought they want every detail about us and now this guy tells me i dont need any of all this!!! so what in the name of God do these people want?????? now I'm totally confused!!!!

[mzenzen]

thx Bobobo.. sounds good what you said, i'll try to put all documents in sections make my best to make it clear for them.

you see, we got married in germany, so i got some prouves of co-habitation of when we were in germany too, do you reckon i need to send that too?

thx for your help mate

[bobobo]

mate no harm sending it...but the proof of cohabitation in UK for a year at least would be ideal.

thx Bobobo.. sounds good what you said, i'll try to put all documents in sections make my best to make it clear for them.

you see, we got married in germany, so i got some prouves of co-habitation of when we were in germany too, do you reckon i need to send that too?

thx for your help mate

[mzenzen]

hello guys,

Just wanted to update everyone that i have sent a massive folder of documents of everything that i had since i got married with my ex EEA wife, i haven't recieved any reply yet, do you guys know how long they take to reply with that standard letter?

Second thing is that i sent my student loan documents aswell and started to have some doubts about it!!!! could anyone confirm that it's not considered as public fund? cause if it is then i'm screwed.

to be honest with you guys, as much as one can try to see it as a normal application, it just can't be helped to feel stressed about it.. i'm starting to feel the pressure, and this is just the begining.. it won't be an enjoyable experience that is for sure.

Thanks everyone.. will keep u updated

[Pakhtoon]

hi guys..
- got married in 06/09/2006 in germany
- moved to the UK
- divorce initiated on the 21 sept 2009

3 years of marriage, thats all one needs to stop needing the 'love of one's life'.

Easy.

[mzenzen]

mate.. you are in no position to talk about people's lives cause you know nothing about it.. better say good or not say anything...

[mzenzen]

ideas anyone????

[mzenzen]

does anyone have any ideas if student loans are considered as public funds??

Thx

[Guerro]

does anyone have any ideas if student loans are considered as public funds??

Thx

Definitely is not considered public funds as you got it from a bank which is not state benefits