Retain right of residence after divorce!!

Zigadz · Post by **Zigadz** » Thu Oct 04, 2012 10:13 pm

Hi all I just open new account as I forget the password of the first one,
Quick update that , that I make application to retain my residence after divorce and my ex eea don't cooperat. And refused to give me her document to shoe her treaty right ,
so after 6 month stressfully waiting time I got my application refused and they state that I didn't proved the document form my ex eea proving that she was working at the time of divorce till the end and after , and they didn't border to make check of her as I submit all her work details address and contact number and place she work with picture and told them that she is here but not cooperat and u could contact her employee and confirm that, We'll I've got appeal hearing next month and I don't know what to do and my solicitors has not idea . Please can any one has any idea or how to tell the judge. To give court order to home office to check her or do u know any private instivigator who ca get me confirmation from her employee , please any suggesting will be great. Thanks[/b]

Guerro · Post by **Guerro** » Fri Oct 05, 2012 12:57 am

Thats really scary as I am exactly in the same situation. I lodged my application 3 weeks ago with exactly same scenario like yours. please keep in touch and let us know how the appeal goes

Post by **Obie** » Fri Oct 05, 2012 8:38 am

Well the HO has issued a FOI stating they will assist in exceptional circumstance or if instructed to do so by the court. I gathered the court is taking the same approach, although one of my friend argued at Taylor house recently and successfully on the obligation on the court and other organs of the memberstate to ensure the effectiveness of community law, and the tribunal issued a direction for these documents proving EU law rights to be obtained. The chap provided all the details, and the SOS subsequently withdrew the appeal.

Hopefully your will succeed too. There is an obligation for memberstates to verify the existence of rights, where there are doubts. This should not be done systematically, as the UK is doing at present.

Zigadz · Post by **Zigadz** » Sat Oct 06, 2012 12:26 am

Ok I will keep u update I will tell the judje to tell the home office to call her company and check her employee statut I will try to take picture of her at her work I do every think I can , thanks any way,

waqas123 · Post by **waqas123** » Thu Dec 06, 2012 9:33 pm

did u get any update, caz i am in the situation,currently i am waiting for my decree absolute,and then i have to apply.
i hjave exactly one year evidense after over marriage,
and now she is not helping me.
any suggestion?

james2012 · Post by **james2012** » Fri Dec 07, 2012 1:23 am

Hi,

Dear friends, I'm a very new one for this board, and it's sure It's not my place to give you any advice as it could mislead you and cause more trouble. So it's much better to hear from moderators. But I would like to share a post from this site which might be a solution for you. But again you need professional advice.

Anyway just check out what " el patron " states on 3 December 2012:

http://www.immigrationboards.com/viewto ... 526#743526

el patron
Junior Member:

If you make an application for spousal maintenance, you will be able to request 'discovery' of your wife's financial circumstances in the divorce proceedings, this may be the same evidence you need to show her exercising treaty rights. Your application for spousal maintenance may not succeed, but at least you will have sight of her financial documentation.

Best wishes.[/b]

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Retain right of residence after divorce!!

Retain right of residence after divorce!!