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fisayo wrote:Please i need advise of you my people , i got my decree absolute in october this year after being married to my ex eea national spouse in 2008.
now she doesnt want to know me anymore not even outside her house.
she is not given me any of her details to retain my right of residence .
please what can i do? as i have tried all my best with no success. No one can help your friend with this, he/she will have to sort this out
she even said that she doesnt want to see me again in his life and that she is going to make life miserable for me.
please advise me how to get this important matter sorted.
* please note this is happening to my dearest friend of mine. not me directly but to be able to frame the matter how it is*
bobobo wrote:I am afraid for PR the NON EEA national has to prove that the EEA national was exercising treaty rights in the UK and also their physical presence. In the form of P-60's letter from employer, university if studying etc. If EEA national is not working then CSI has to be sent as well.
Without this the possibility is the application will be declined. Your friedn will need to get this information
fisayo wrote:Please i need advise of you my people , i got my decree absolute in october this year after being married to my ex eea national spouse in 2008.
now she doesnt want to know me anymore not even outside her house.
she is not given me any of her details to retain my right of residence .
please what can i do? as i have tried all my best with no success. No one can help your friend with this, he/she will have to sort this out
she even said that she doesnt want to see me again in his life and that she is going to make life miserable for me.
please advise me how to get this important matter sorted.
* please note this is happening to my dearest friend of mine. not me directly but to be able to frame the matter how it is*
Kitty wrote:Was she actually working at the time the divorce became final? Does the friend have any evidence of that, and if so what? (For example, does he know the name of her employer, how long she has been working there; has he seen her going to and from work?)
Confirmation of retention of the right of residence does not require the same evidence as PR. If the wife was not working continuously 2008 - 2012 then the applicant might not qualify for PR for some time, but if she was exercising treaty rights at the point they divorced, then he might still retain a right of residence. He can then rely on his own work after the date of divorce to contribute to PR.
The regulation does not say so per sa, but it is the UKBA 's view that someone cannot retain something which they dont have, and simply holding a residence does not mean that someone has right of residence. It is then required that the person show they have a right of residence at divorce in order for them to be able to retain it.austin100 wrote:Well, tell your friend to Apply for a retention. Based on Regulation 10 (5) 2006. He should be a worker as though it was the EEA, one year they lived in the uk (proof), decree Absolute that the marriage lasted three years. The regulation does not specify you must provide proof of the EEA working or exercising treaty right as at the time of divorce.
Note: Only in a case were a RC has not been issued before, the regulation state further that , the non-EEA must provide this proof of exercising treaty right & EEA I D. And also the marriage lasted for 3yrs, Decree absolute,1year lived in uk proof.
And write a letter stating this regulation and explain how the marriage ended.ok
Well chapter 5 is not the law of the land and UKBA shows complete disregard to many aspects of it. I think i will stick to the law as interpreted by the courts,the most recent of which is Amos.austin100 wrote:Thank Obie, Well the UKBA Chapter5 regarding Retaining of residence Card states that as well. So, I would suggest that your friend should show that he is in employment or self - employment as at the time the divorce took place and is till in pursuit of employment. That is what the regulation and guide require. So state this part to them when applying with EEA2.
The EU regulation made a provision for this , because they know some marriage end unsettled. And also goggle SOLVIT(ec.europa.eu) ,go to the contact page , you will find the london or uk centre. And lodge you concern. if you need more legal assistant. They are European Commission, that deals with your right and wrong interpretation of the EU law by host State.
So Under UK law, required to prove that your ex-spouse was exercising a right of residence under the Directive or EU law, at the time when your divorce decree absolute is pronounced.You do not have to prove lawful residence in the host member state for the three years. All that needs to be proven is that you and your ex-partner spent a year in the Host Member State (the UK), as married partners.
Your question is regulated by Directive 2004/38, in part under Article 13 paragraph 2 (a).
References under Article 13 paragraph 2 to children or to domestic violence do not appear to be relevant insofar, as the facts you relate in your question are silent with respect to either of these factors (children or the existence of domestic violence).
Under UK law, the short answer to your question is that you will be required to prove that your ex-spouse was exercising a right of residence under the Directive or EU law, at the time when your divorce decree absolute is pronounced.
UK law does not allow you to invoke an independent right of residence independently.
I. EU law, Directive 2004/38 Article 13 paragraph 2:
Article 13 paragraph 2 (a) provides as follows:
2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State;
[....]
Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. "Sufficient resources" shall be as defined in Article 8(4). Such family members shall retain their right of residence exclusively on personal basis.
Accordingly, you must prove prior residence for 12 months in the UK as condition for the retention of your right of residence in the UK.
On the basis of the facts elicited in your post, it appears that where you are able to prove your claim, you may be eligible for the retention of the right of residence under Article 13 Directive 2004/38.
II. UK law: Regulation 10 (5) of the EEA 2006 Regulations.
Article 13 paragraph 2 (a) in turn is transposed under UK law in the form of Regulation 10 (5) of the EEA Regulations 2006 (http://www.legislation.gov.uk/uksi/2006 ... on/10/made).
The 2006 EEA Regulations appear to take a restrictive interpretation of the entitlements enacted under Directive 2004/38, which is inconsistent with the principles of EU law, as reiterated on many occasions by the Court of Justice of the EU (most notably in case Metock case C-127/08 at paragraphs 84 and 93).