retaining rights after divoice

[bjedaiah]

hi every one how does one apply for the retaintion of rights in afer marriage break down

[bobobo]

Might be a good idea to browse/search the posts before posting a question that has been answered a million times....

Send a letter to the HO informing them that you are divorced now and prove the following to the HO by way of documentation:
1. Marriage lasted for >3 years and you lived in UK for atleast a Year with your spouse
2. The Divorce was initiated (applied for) after 3 years of marriage
3. The EEA spouse was exercising treaty rights in the UK for the whole time you were married and Specially from the point of divorce initiation upto grant of decree absolute
4.some proof of cohabitation (HO often ask for some kind of proof)
5. Marriage certificate/ divorce certificate
All docs should be original.

[misterio2010]

hello everyone i am a EEA family member and my question is, is there any special right if my ex shit on me with some body else? i know about
the 3 years at least and one year living together to have right of still livin in the uk, but is any special treatment if your EEA partner shit on you?

please i will like to know, i still lovong her but we will be divorce soon because she is with somebody else so thank you very much for your help

[bobobo]

"is there any special right if my ex shit on me with some body else"
Dont really get this...did she take you to be a WC....If i was you I would go and wash myself (with Dettol)

Be a little detailed about your position and give more information. It would also be helpful if you used civilised language that people can understand so that they can respond to your post..

[Plum70]

LOL!

Have a sneaky suspicion that the OP meant 'cheat' instead of "shit" but i'll leave it to them to clarify.

[bjedaiah]

thanxs Booboo which address do i send the letter to and approximately how long do they take to reply

[misterio2010]

LOL

sorry everyone I wanted to say (cheat on me)but I was a bit upset and I just said that so I feel sorry again , so any help about it, if anything i can do with the HO if my wife cheat on me??

thanks.

[bobobo]

bjedaiah
You can find the address on Form EEA 4 which is available from the UKBA website

[bobobo]

misterio2010 - You still need to give more information. You can apply for retention of rights after divorce if you have been married for ATLEAST 3 years. Please see my response and requirements on this thread and you will have a better idea. If you have not been married for 3 years then unfortunately you cant do anything except leave the country after divorce.

[vinny]

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

[misterio2010]

thanks for u information bobobo, so we are not divorced yet, we will be married for three years next month and after that we will start the process for the divorce, I've been living here for two years and few months now so before I didn't know if I would like to stay in this country or not but after been working hard and start building my new life here I'll like to try.

thanks a lot for dedicate some of your time to
help us, cheers

[easy77]

Also you must provide evidence that you are a worker or self employed persons to have your rights retained. Google eu regulation 2006 to see how u qualify. Make sure u get evidence of how your eea spouse exercised treaty rights from time of marriage up till when decree absolute was granted.

[teardrops]

Hi everyone

I have been searching for any post similar to mine but I haven't found any, I would be more than happy if someone can help me with my question. I am a non E.U marry to an E.U for 6 1/2 years, I was given 5 yrs resident after we got married in 2009. My husband lost his job during the recession two months after we got married. He was looking for work but he couldn't find any so he started getting his pension credit 6 months after we got married while I continue working.

In June of this year I applied for permanet resident but was refused becuase Home Office stated he wasn't excersing his treaty rights throughout the 5 yrs. I made a fresh application for a resident permit but am waiting for them to decided. My husband and I seperated for 1 yr but still on speaking terms, out of the blue I was serve with divorce papers which I agreed to. Now my question is can I retain my rights of resident since we have been married for over 6 years ? I applied for the resident card on the grounds of him been self sufficent person becuase he's getting his state pension since last December so am hoping that will work.

I am aware that as soon as the divorce comes through then I am no longer a family member of his hence if I am given 5 years then it would be of no use to me until I allpied for rights retention. I never knew that pension credit is not apart of his benefits becuase I figure he's entiteld to get pension credit so I never thought it would cause such problem. Home Office had pointed out that he was not working throughout the 5 yrs we were married. He was working at 6 years before we get married so it's not like he has never worked before.

We have our sickness insurance certifiacte for the pass few years. I am so confused becuase I wasn't expecting the divorce before all my papers were sorted out but such is life I guess. I am working for the same company for the past 7 years I never collected any benefits before. Over the years I have bought a house and settled myself here, so to pack up and go back to my country is not something I had planned for becuase I consider here to be my home after 17 years been here. Home Office is not concern about the other number of years I am here, they are only focusing on the fact that I marry an E.U national so they started me on 5yrs. Would my ex be class as someone qualified becuase he's a pensioner ? I am hoping the divorce to be finalised by February or March in order for me to make an application straight away for rights retention. Can you say what other criteria do I have to meet in order to get myself sorted out ? I would be more than happy if anyone can shed some light on my post becuase I don't know what else to do.

Kind Regards.