RETENTION OF RIGHT AFTER DIVORCE

khan2015 · Post by **khan2015** » Wed Mar 30, 2011 9:18 pm

HI I AM HERE TO GET SOME ADVICE FROM THIS FORUM REGARDING RETAIN OF RIGHT IN UK AFTER DIVORCE FROM EEA NATIONAL.BRIEF HISTORY AS BELOW
MARRIED IN FEB-08 GOT MY RC IN DEC-08.
SHE WAS WORKING TILL FEB-08 THEN LOST HER LOST N START SELF EMPLOYMENT IN DEC-08 AND STILL WORKING AS A SELF EMPLOYED.
DIVORCE STILL IN PROCESS WAITING FOR DECREE ABSOLUTE
LIVING TOGETHER 3 YEARS BEFORE DIVORCE
MYSELF IS WORKING FULL TIME FROM MARRIAGE TILL NOW.
WHAT ELSE DO I NEED TO RETAIN ARIGHT IN UK.
I GOT ALL HER EMPLOYMENT RECORDS HER NATIONAL INSURANCE STATEMENT(EVERY 3 MONTHS),HER ACCOUNTANT LETTERS,PROOF OF SUBMITTED TAX RETURN , PROOF THAT WE WERE LIVING TOGETHER AT LEAST 1 YEAR AT THE SAME ADDRESS.
WHAT ELSE DO IT NEED TO RETAIN A RIGHT IN UK.
ALL ANSWERS WOULD BE APPRECATED.THANKS

KDS · Post by **KDS** » Wed Mar 30, 2011 10:27 pm

don't type in caps, It's same as shouting. IF u are no EEA citizens and If u divorce ur partner before ILR you have to go back to your country. Unless ur a victim of domestic violence.

koll · Post by **koll** » Thu Mar 31, 2011 5:45 am

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

bobobo · Post by **bobobo** » Thu Mar 31, 2011 9:13 am

make an effort and search the forum there are 000's of posts dealing with this issue.

khan2015 · Post by **khan2015** » Thu Mar 31, 2011 5:49 pm

bobobo wrote:make an effort and search the forum there are 000's of posts dealing with this issue.

hi all thanks for your reply,i can understand that i could find more posts dealing with same issue.but if you kindly advice me something i would be grateful to all.

KDS · Post by **KDS** » Thu Mar 31, 2011 7:01 pm

Nothing u could do. Visa was given to u as a spose 4 a EEA if u devorce her. U have no rights. U can go home and apply on a different catalogy

kampk121 · Post by **kampk121** » Thu Mar 31, 2011 10:05 pm

Hi Bro, to apply for the retention of rights following the divorce from the EEA partner, after the marriage is lasted 0ver 3 years and meet all the required documents, is there a NEW LAW that I have to go back to my country to apply for the retention of rights?
plz advice as somebody name koll mentioned in the post..
tkx for ur time..

kampk121 · Post by **kampk121** » Thu Mar 31, 2011 10:07 pm

KDS wrote:don't type in caps, It's same as shouting. IF u are no EEA citizens and If u divorce ur partner before ILR you have to go back to your country. Unless ur a victim of domestic violence.

Hi Bro, to apply for the retention of rights following the divorce from the EEA partner, after the marriage is lasted 0ver 3 years and meet all the required documents, is there a NEW LAW that I have to go back to my country to apply for the retention of rights?
plz advice as somebody name koll mentioned in the post..
tkx for ur time..

koll · Post by **koll** » Fri Apr 01, 2011 2:38 pm

I not aware of this new law
I have just enquired recently two to three lawyers
you can apply right of retention of residence if you satify the requirements
Married for 3 years to EEA member
Lived one year in U.K
You are working/self employed or your relative supporting you

You can get RC which will be issued for 5 years on your name
Once you complete 5 years you can always apply for PR

Folks
Please correct me if I am wrong

86ti · Post by **86ti** » Fri Apr 01, 2011 2:46 pm

The relevant law is here. Section 10 therein is obviously the relevant one.

Can you guys please follow bobobo's advice and read through this forum. A search for 'retention' and aforementioned nick name may be a very good start.

kampk121 · Post by **kampk121** » Fri Apr 01, 2011 6:02 pm

thankx koll, i was just wondering. cos u mentioned in one of ur post that if u r a non eu ctizen and get divorce before ILR, u have to go back to ur country..
but its clear for me that I can apply for the retention of my rights here in uk right?

khan2015 · Post by **khan2015** » Fri Apr 01, 2011 6:35 pm

KDS wrote:don't type in caps, It's same as shouting. IF u are no EEA citizens and If u divorce ur partner before ILR you have to go back to your country. Unless ur a victim of domestic violence.

Re:KDS
thanks for your time to give me such a valueable advice that after divorce i have to go back to my country.but i think you should be aware of this thing that family member of eea can retain his right while in uk if there are some certain conditions.YOU DONT HAVE TO GO BACK JUST BECAUSE YOU GOT DIVORCE NOW N NEVER ITS NOT THE CASE.
my question was only this if someone can read my post clearly that my wife was not working for 8 months from the start of our marriage because it was recession at that time n she lost her lost.
i know i fulfill all other requirements just have this issue.
as far as lawyers are concerned if they didnt deal any case for retention of rights they would probably give you a wrong advice so i never consult with lawyers because they typically don't know anything in such cases.
still i have this confusion that she wife still working as a self employed n till the decree of absloute so she would provide me all her documents but she was not working in 8 months in our 3 years of marriage.
if someone got the right answer then please free to tell me.it would be helpful.thanks to all frdz

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RETENTION OF RIGHT AFTER DIVORCE