Non eea divorce and uk residence

[gnamy]

Hi,
I salute all the gurus, and genuine respondents to our continuous hunger for answers. Keep the spirit....u have made peoples lives worth a try in this country.
Mine is one of them questions
Situation
1. Am a non eea national married to a eea national
2. Got married in 01/2004 abroad
3. Joined spouse in Uk 06/2007
4. RC issued in 04/2008 and valid till 04/2013
5. Marriage broken down due to adultery, domestic violence, n unreasonable behaviour from spouse.
6. Divorce initated 10/2011
7. Spouse exercising treaty rights
8. I have been working all the time in uk.

Questions
a) What are the best options for me to remain in uk (retention of right to stay and PR)?
b) When do i qualify for PR and how?
c) What docs do i need about my x to complete this journey?
d) Am waiting for my CRB check to start a new job, i have been out of job 2 weeks n if this should go on for a month or so before the return of my CRB should i seek for job seekers allowance or register at the jobcentre?

Looking forward to your continuous support.....am desperate!!!!

[Punjab]

since you were/are with your spouse for 3 yrs or more in a relation and she/he was exercising her treaty , you might be or are eligible for PR
you need to proove ur resdiency with her and her documents shoing she was exercising her treaty rights.

do search other posts where 3 year rule is mention.

ta

[Kitty]

As you have been married for at least 3 years and spent at least 1 of those years in the UK together before divorce proceedings were initiated, you may retain a right of residence in the UK after the divorce as long as you keep on working.

For the time being, until your divorce is finalised, you are still in the UK as a "family member" of your ex. You may qualify for PR on this basis if the divorce is not concluded before June 2012, provided your ex keeps on exercising treaty rights (and provides you with documents to confirm this).

Otherwise, you will have a retained right of residence between the conclusion of divorce proceedings and the acquisition of PR, during which time you must be working yourself.

Will your ex co-operate in supplying the documents you need to apply for a retained right of residence/PR? You will need proof they have been exercising treaty rights etc. If you have a solicitor for the divorce, ask if they can get disclosure of the necessary docs for you.

You can also retain a right of residence based on domestic violence but it will depend on what kind of evidence you produce that this is the case, and it's probably more straightforward to rely on the exercise of teraty rights by your ex, if this can be evidenced. Suggest you take expert advice on this point.

[gnamy]

Thank u Kitty,
Guess that sounds logical but everyone knows the professionals in HO ....Fingers crossed i will not have any hassles. My solicitor advises that we will send a letter to HO informing them of our intention to continue exercising treaty rights upon divorce absolute.
I want to know is it possible to straight away apply for PR by june 2012 when my 5 years end even when i may still be awaiting my absolute ...i imagine i will need my ex passport to complete eea4 form.....or should i hang on and apply for updated RC to complete the remaining months so that i can apply for PR with no x hassle. Which is the best and practical option? Thanks everybody for the support

[gnamy]

Another thing Kitty, what do u mean by 'disclosure of necessary docs'

[EUsmileWEallsmile]

You are very close to having acquired PR. If divorce proceedings have started; then it would appear that you could qualify for "retained rights of residence". It would appear that you already satisfy the time limits on this, but you will need to be a qualified person in your own right from now on. Read the directive and the 2006 regs to get an understanding of what all this means.

A key practicality will be gathering evidence that your spouse exercised treaty rights for the time you've been here until now (payslips, P60s, etc) and in addition, you need to show that you've been resident all that time (utility bills, council tax bills for example). You might find that an estranged spouse is not willing to co-operate with you on these matters. Speak to your lawyer about a strategy for getting these items; this could be made part of a divorce agreement. Don't wait until after the divorce.

I would check with your lawyer as to what "commencement of divorce" proceedings means. If nothing's been lodged in court yet, then they may not have actually started yet. Make sure they are familiar with the Immigration (EEA) regulations 2006. It might not be their specialty, but they will be able to guide you. Simply writing a letter to the home office won't help you later on.

Do you have children? That would also be relevant.

There is a concession for victims of domestic violence as others have suggested, but it also requires evidence, police reports for example.