Divorcing with EEA2 Residence card

talsad · Post by **talsad** » Sat Oct 13, 2012 10:35 am

Dear All,

I am a non-eu national and married to an EU national. I was granted my EEA2 residency card last year. We have been in relationship for 3 years. I have 2 years before I can apply for EEA4. We have a child together but unfortunately we are going over divorce. My question is, will my EEA2 be revoked when we divorce even we have child together?

Many thanks

talsad

Post by **EUsmileWEallsmile** » Sat Oct 13, 2012 8:10 pm

Moved to correct forum section.

Post by **Obie** » Sat Oct 13, 2012 9:04 pm

Is your EEA spouse currently exercising treaty rights in the UK?

Do you currently have access to the child, and in the event of a divorce, is the child going to be staying in the UK, and will you come to an agreement that the child should be in the UK?

How long have you been married for?

Will the divorce be amicable, and will your spouse be prepared to assist with documentation to support an application?

roza369 · Post by **roza369** » Sun Oct 14, 2012 8:03 pm

EUsmileWEallsmile wrote:Moved to correct forum section.

Which forum section has it been moved to?

talsad · Post by **talsad** » Tue Oct 16, 2012 4:05 pm

Yes, she is currently working full-time and is planning to stay here indefinitely. I will have access to child and she will help me through any application/paperwork.

We have been married for 3 years and the divorce will be amicable.

talsad · Post by **talsad** » Tue Oct 16, 2012 4:05 pm

Obie wrote:Is your EEA spouse currently exercising treaty rights in the UK?

Do you currently have access to the child, and in the event of a divorce, is the child going to be staying in the UK, and will you come to an agreement that the child should be in the UK?

How long have you been married for?

Will the divorce be amicable, and will your spouse be prepared to assist with documentation to support an application?

Yes, she is currently working full-time and is planning to stay here indefinitely. I will have access to child and she will help me through any application/paperwork.

We have been married for 3 years and the divorce will be amicable.

jjoell23 · Post by **jjoell23** » Tue Nov 06, 2012 9:55 pm

Guys can you clarify this bit more please!

So if after 3 years (assume she was exercising treaty rights and degree of absolute was granted in uk )

If the child and mother moved to any other EU member state and no longer in contact or do not want to help NON-EEA for his residence card (retain of rights)

i) Would the non-eea family member still will be able to remain on his residence card in UK?

II) would he qualify for his PR with out her support/ if she living in an other EU state?

iii) what if non-eea residence card is going to expire after 2 years and her EEA spouse was exercising her treaty rights for just period of 1 year only? can non-eea family member still qualify for PR?

Post by **Jambo** » Tue Nov 06, 2012 10:40 pm

jjoell23 wrote: i) Would the non-eea family member still will be able to remain on his residence card in UK?

Well, if he can't provide proof to prove his case, it would be difficult to retain his rights

II) would he qualify for his PR with out her support/ if she living in an other EU state?

Without support, probably but he will need to provide proof the spouse was exercising treaty rights before the divorce.

iii) what if non-eea residence card is going to expire after 2 years and her EEA spouse was exercising her treaty rights for just period of 1 year only? can non-eea family member still qualify for PR?

Yes. If he meets the condition to retain his rights. It would just mean it will take him longer to achieve PR (as he would need another 4-5 years of exercising treaty rights).

jjoell23 · Post by **jjoell23** » Tue Nov 06, 2012 11:26 pm

Jambo thanks for detailed reply.

does this mean if eea member leave after 3 years and apply for divorce in an other eu state, non-eea member will lose his right of residence even she was exercising her treaty rights for over one year in uk? Because the degree of absolute will be granted in an other state?

Post by **Jambo** » Tue Nov 06, 2012 11:53 pm

jjoell23 wrote:Jambo thanks for detailed reply.

does this mean if eea member leave after 3 years and apply for divorce in an other eu state, non-eea member will lose his right of residence even she was exercising her treaty rights for over one year in uk? Because the degree of absolute will be granted in an other state?

No. I believe that even if the divorce is granted in other state, it will not affect the Retain of rights application as long as the conditions for RoR are met.

jjoell23 · Post by **jjoell23** » Wed Nov 07, 2012 8:30 pm

So the degree of absolute will define they are not in relation any more or is there any other evidence non eea member can provide that his EEA partner has left the host state and he/she can retain residence rights? because for civil partnership degree of absolute is not valid..

bobobo · Post by **bobobo** » Thu Nov 08, 2012 11:27 am

You will need to prove that the EEA national was in the UK for the last 3 years exercising treaty rights from day 1 till the day teh decree absolute was granted, if the EEA national was to leave the UK and strat divorce proceedings in another state the chances of RoR are bleak and HO might not accept this.

jjoell23 wrote:So the degree of absolute will define they are not in relation any more or is there any other evidence non eea member can provide that his EEA partner has left the host state and he/she can retain residence rights? because for civil partnership degree of absolute is not valid..

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Divorcing with EEA2 Residence card

Divorcing with EEA2 Residence card