Retaining the right of residence ee4 divorce no passport

[deepti]

I have already submitted my ee4 application without my spouse (sponsor) passport because at the last day he disclosed that he is going to divorce me. Well application is in HO and divorce petition is in court ,I do have his proof of treaty right for last 5 years and acknowledgement of court for divorce proceeding ,The next thing is HO will ask for his passport what should I do then? Because divorce proceeding can take more than a year .Please help me out thanks

[bobobo]

If there is no way you guys can reconcile then the best approach is to withdraw your eea4 application, Wait for the divorce to come through and then apply based on retention of rights. In this case you will not need your spouse's passport. If however you do not withdraw your application, the HO will request for the passport or treturn all your documents back to you with a list of docs they want.

To be honest a quickie divorce takes about 3-4 months (80% of which is waiting). I am sure if he wants to divorce you then he will not be the one prolonging the process.

I have already submitted my ee4 application without my spouse (sponsor) passport because at the last day he disclosed that he is going to divorce me. Well application is in HO and divorce petition is in court ,I do have his proof of treaty right for last 5 years and acknowledgement of court for divorce proceeding ,The next thing is HO will ask for his passport what should I do then? Because divorce proceeding can take more than a year .Please help me out thanks

[Directive/2004/38/EC]

If there is no way you guys can reconcile then the best approach is to withdraw your eea4 application, Wait for the divorce to come through and then apply based on retention of rights.

Why exactly do you recommend withdrawing the application? What is the downside of letting HO consider it?

deepti, Do you have a photocopy of the passport somewhere deep in your papers? What, if anything, did you write in the application about the lack of passport?

[mcovet]

don't forget, bobobobob, once you acquire PR, you cannot retain rights as such. Therefore, if they have been married for 5 years, he must proceed with applying for PR and not retain rights etc.

Reg 10(8) A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the... termination of the marriage... , as the case may be, and a family member who has retained the right of residence shall cease to have that status on acquiring a permanent right of residence under regulation 15.

the fact that he won't have EEA's ID card is another question. Don't confuse two separate issues. The guy probably already automatically obtained PR.

[deepti]

thanks everyone ,i had send copy of passport , obviously they are going to ask original passport and my answer would be cannot provide due to spouse is not co operating ,well i have already completed 5 years,does it make any difference or passport is only solution ?divorce decree will take many months and if they refuse what should i do?

[Directive/2004/38/EC]

thanks everyone ,i had send copy of passport , obviously they are going to ask original passport and my answer would be cannot provide due to spouse is not co operating ,well i have already completed 5 years,does it make any difference or passport is only solution ?divorce decree will take many months and if they refuse what should i do?

Not so obvious to me. But do let us know if you hear back from them requiring more or different stuff.