Retaining right of residence after a divorce with an EEA

mzenzen · Post by **mzenzen** » Mon Oct 18, 2010 1:18 pm

Thx for the reply mate.. But i applied for it through the student loan comapany.. Which is part of the city council.. I know that it's a loan that i have to pay back with interest.. I was
wondering if there is any chance i could check this online somewhere...

mzenzen · Post by **mzenzen** » Mon Oct 18, 2010 1:19 pm

Thx for the reply mate.. But i applied for it through the student loan comapany.. Which is part of the city council.. I know that it's a loan that i have to pay back with interest.. I was
wondering if there is any chance i could check this online somewhere...

bobobo · Post by **bobobo** » Mon Oct 18, 2010 4:33 pm

You can find alist of all public funds here:
http://www.ukba.homeoffice.gov.uk/while ... blicfunds/

If however you are still not sure, refer to the DWP 9Dept of Works and Pensions) for more clarification.

mzenzen wrote:Thx for the reply mate.. But i applied for it through the student loan comapany.. Which is part of the city council.. I know that it's a loan that i have to pay back with interest.. I was
wondering if there is any chance i could check this online somewhere...

naruto · Post by **naruto** » Fri Oct 22, 2010 5:52 pm

Hi

am an EEA family member as I have the residency card since may 2008 and just about to go trough the divorce process as its not working for both of us and we have been married since 2007 up to this day still married so we've being married 3 years now and being working part time and studying at uni a full-time BSc Business Management undergraduate course and I got 1 more year to finish my studies and I wanted to retain my right of residency as the marriage is not working for both of us and we just about to make the divorce, plus i have being living in the UK since 1999 under immigration law as i was accompanied to my father as i went to English high school and college too then when i got married to my EEA wife and applied for the RC i changed to EU law, my wife is still living in the UK and still working as a full time and i can get any documents of her as we still in good relation as friends we lived together for since 2005 and after we got married we lived together for 2 years then i moved out during the studying period at uni because the uni was in a different city so its like a term time address only and now we still married but no longer together
so would you please let me what to do and how to retain my right of residency and what kind of documents to the home office asks for?

naruto

mzenzen · Post by **mzenzen** » Fri Oct 22, 2010 6:47 pm

Hello mate,

1st of all let me tell you that i am a big fan of Naruto too lol..

other then that, i'm sorry to hear that you're going through that divorce process, i've been there few months ago.
you have a very similar situation like mine, as i have been studying and working part time too when i was at uni, i just finished my degree this year.
as for your question, from what the guys have helped me with and what i read in this forum so far, you need to have documents from both you and your wife showing that you have been living together and that she has been working, so anything that would mean that mate, payslips, house contract, bank statement, bills anything.
i know that they ask for at least 1 year, but if you can prove even more then go for it.
when the divorce is made absolute MAKE SURE that you show that your wife was working DURING the divorce period.

Good luck mate.

naruto · Post by **naruto** » Fri Oct 22, 2010 8:47 pm

thanx man oh yea am a big fan of naruto mate i think am addicted to it lol

well thanx for the reply and hopefully I'll get through this as you did

regards
naruto

naruto · Post by **naruto** » Sat Oct 23, 2010 8:34 pm

hello mate

hope u okay mate just got a quick question.....
how do i apply to retain my right of residency i mean what kind of things i need to do such as ... which application i need to fill out and shall i let the HO
know that i got devoiced after i get the absolute decree for the divorce sorry to bother u mate but it would be great full to find out before doing anything

regards

naruto

Post by **vinny** » Sun Oct 24, 2010 12:19 am

See also OA (EEA - retained right of residence) Nigeria [2010] UKAIT 00003

bobobo · Post by **bobobo** » Mon Oct 25, 2010 9:40 am

Just send the HO a letter explaining the circumstances with the following essential docs:
Decree Absolute
Proof of co-Habitation (Atleast for a year)
Marriage Certificate
Proof of Divorce initiation
Proof that EEA national was exercising rights during their period of stay in UK.
Proof of them exercising treaty rights DURING DIVORCE i.e. from initiation until grant of decree absolute (VERY IMPORTANT)
Proof of what u have been doing here e.g. studying,working etc..

Send it to the addess mentioned on the EEA2 Form which you can find from the UKBA website.

HO have pulled their socks up so if all goes well you should havae your new card within 6 months.

naruto wrote:hello mate

hope u okay mate just got a quick question.....
how do i apply to retain my right of residency i mean what kind of things i need to do such as ... which application i need to fill out and shall i let the HO
know that i got devoiced after i get the absolute decree for the divorce sorry to bother u mate but it would be great full to find out before doing anything

regards

naruto

vicky80 · Post by **vicky80** » Mon Oct 25, 2010 10:01 am

Bobobo. If you read through the documentation above cohabitation is not actually a requirement to retain your right of residency. You just need to prove you where both in the UK for at least one year of your marriage. Having said that proof of this wouldnâ€™t hurt to help prove it was not a marriage of convenience.

bobobo · Post by **bobobo** » Mon Oct 25, 2010 10:08 am

When I applied I was asked to provide atleast 1 years proof of co-habitation, its a case of providing all information in the first go itself.

vicky80 wrote:Bobobo. If you read through the documentation above cohabitation is not actually a requirement to retain your right of residency. You just need to prove you where both in the UK for at least one year of your marriage. Having said that proof of this wouldnâ€™t hurt to help prove it was not a marriage of convenience.

vicky80 · Post by **vicky80** » Mon Oct 25, 2010 10:18 am

What did you send through to prove cohabitation bobobo? I have a 12 month tenancy agreement with both of our names on dated June 07. I also have a receipt of when we received our deposit back in September 08. What other sought of things did you send through?

bobobo · Post by **bobobo** » Mon Oct 25, 2010 10:24 am

I sent all docs I had, tenancy agreements, bank statements, joint bank statements, insurance docs, credit card statements, utility bills, employment lettes, council letters, I sent these covering a period of 5 years even before we were married.

vicky80 wrote:What did you send through to prove cohabitation bobobo? I have a 12 month tenancy agreement with both of our names on dated June 07. I also have a receipt of when we received our deposit back in September 08. What other sought of things did you send through?

naruto · Post by **naruto** » Mon Oct 25, 2010 12:57 pm

Thanx for the reply evryone, bobobo and vinny that was really helpfull helpfull finger crossed now

regards

naruto

mzenzen · Post by **mzenzen** » Fri Nov 05, 2010 6:08 pm

Hi everyone..

It's been a month since i sent my application to the home office.. Still no reply, im still waiting for that standard letter that they normally send to acknowlege recieving the application..
I got a quick question.. Does anyone know how does it work if i would need my passport for a work travel? what would the procedure be? and if i do travel.. Would i have any problems re-entering he UK??

mzenzen · Post by **mzenzen** » Sat Nov 06, 2010 12:05 pm

Morning all,

I guess i spoke too soon, today morning i found the Acknowledgement letter from the HO.

it reads as follows.

{ Dear Mr. ...

Thank you for your application on the XX October 2010 for a Residence Card or Permanent Residence Card.

We advise you not to make any non-urgent travel plans until we have decided your application and returned your passport or travel document.

Fore up to dare turnaround times on particular types of application please visit our website: www.ukba.homeoffice.gov.uk

We would request that you do not telephone or make written enquiries about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resources from making decisions.}

okey, sounds ok to me, just one things i dont really like is the last paragraph!! i think it's not really practical to ask people to wait 6 months in the dark without asking a single question about the progress of the application is kind of stressful!!

feel free to share your opinions guys, also if you have any ideas on how does it work for the request of the passport for work travel..

Thanks everyone

bobobo · Post by **bobobo** » Mon Nov 08, 2010 9:34 am

This is a standard Template. You can call HO and get a status update after reasonable time has passed and you want to check the status of your application. This paragraph is there so that people dont start chasing after 1 month of making the application

AKDK · Post by **AKDK** » Mon Nov 08, 2010 3:09 pm

Hello everyone.

My friend asked me to post a question here on her behalf. She is getting though divorce process at the moment and planning to apply for retain her own right after that. If an EEA national didnâ€™t work for nearly 2 months (it was at the point when they were married around 1.5 years)â€¦ will it cause any problem for her? He is currently working full time.

Thank you in advance.

mzenzen · Post by **mzenzen** » Sat Nov 13, 2010 9:12 am

ok, this is really frustrating, they got me totally lost for few minutes!!!!!!

I mad my application last moth, and today recieved a pack from the HO, I was thinking that it's impossible that they have sorted out my case already!!
so what was it??

It was a refusal letter stating that my appalication has been refused and that i need to leave the UK or appeal?!!!!! how on earth is that?

well on june, i sent an INFORMATIVE letter stating that i got divorced and showed a copy of the decree absolute and also asking what documents they needed me to supply them in order to apply for a retention of right of residence.. what did they do ? they took my informative letter as an application and issued me with a refusal letter of my case, anazingly the case worker did not see my real application sent a month ago, with a different case ID, so now they are telling me that i need to leave the UK or if not i will be removed!!!

ahh, i will call on monday and try to speak with the case worker, i will also send a letter just to be on the safe, but for some reason i think this all will not be an enjoyable experience at all.

Please share your thoughts and opinions if you got any ideas on how to react to this!!!

cheers

bobobo · Post by **bobobo** » Sat Nov 13, 2010 1:34 pm

You should not have sent a letter and then made an application for retention of rights, you should have just done the latter. this has just created complications. Call the HO now and try to iron this out with them and see what they say.

mzenzen · Post by **mzenzen** » Sat Nov 13, 2010 7:39 pm

Yea.. I will call first thing in the morning. But do you think that they might say that the decision has ben done already and that i need to appeal now or something??? i cant understand why they did consider it as an application if i was just asking them in the letter to just send me a list of the documents that i need to provide to retain my residence!! do they even read the letters!??!!!!![/i]

bobobo · Post by **bobobo** » Mon Nov 15, 2010 9:24 am

Mate just call the HO an say its all abig confusion and give them your story that you made 2 applications. Also send the same thing to the HO with the reference number for the cases and clear the air with them. make sure you send this letter signed for or by trackable means. You need to get this thing sorted so that it doesnt come back and haunt you and before things go out of control.

The HO do the best they can, and in this case its clearly YOUR fault. Just keep things straight and dont confuse things by sending them different kind of docs. The no. of EEA nationals+family members+extended family memebers is increasing everyday and the HO do the best to cope up with this.

mzenzen · Post by **mzenzen** » Mon Nov 15, 2010 10:04 am

i agree mate, i shouldn't have sent any letter before, as they took the fast of me asking information as an application!!

i did call and spoke with 2 advisors today morning, they agreed that there was a mistake and told me to just ignore it as my new application is being processes, but i still tried to cover my back and asked them to send me letter explaining the issue for future reference. the 2nd guy agreed and stated that he will put a request for it and i should be getting it in a 2 weeks time.

bobobo, do you think that is enough or shall i still send them a letter?

bobobo · Post by **bobobo** » Mon Nov 15, 2010 11:07 am

Send them a letter confirming you explained your situation to the two advisors. Cover your back just incase anything goes wrong you would be safe.

noodles · Post by **noodles** » Tue Nov 16, 2010 11:35 am

Mzenzen,

IMPO, i would suggest you contact a lawyer proficient with EU law to back you up just in case things go pear shaped. What i've come to realise about the EEA route is that they play on people's lack of expertise in that field so when your case get's allocated to a care worker (who are usually TEMP workers with little or no knowledge) they will more than likely refuse your application based on some flimsy escuse. Only seniour case workers know what they're doing in Liverpool and your application can only get to that stage if your documentation is spot on and you back your application up with a very strong cover letter.

I received my birtish passport before my PR got issued,surprised? Yes...My PR application took almost 2 years and got fed up and went through the BC route and got naturalisation in less than a week

PM me if you want more details.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Retaining right of residence after a divorce with an EEA

how to retain my residency as an eea family member?

quick update..

recieved letter

HO Mistakes!!!

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