EEA SPOUSE MAKING APPLICATION DURING DIVORCE.... ANY CHANCE?

[judasiscariot]

I am married to a brit national who exercised their EU rights in another eu country 3 years back. I then came back to this country on the back of that but since overstayed. We are divorcing pretty soon. Is there any chance I can make my application inspite of the divorce? I read somewhere that spouses of eea nationals could still have retain the right of residence if the marraige subsisted for a minimum of 3 years and at least one year spent in the eea country. A few questions i have about the interpretation of this are:

1.) Do I have to be legal in the one year spent in the eea county where i am making the application?

2.) If i was legal in another eea country does that count?

Will I have a leg to stand on?

I have tried to beg the spouse not to divorce but seems this is a lost cause.

All advice will be welcome. Thanks for sharing your insight.

[SouthWest1]

I am married to a brit national who exercised their EU rights in another eu country 3 years back. I then came back to this country on the back of that but since overstayed. We are divorcing pretty soon. Is there any chance I can make my application inspite of the divorce? I read somewhere that spouses of eea nationals could still have retain the right of residence if the marraige subsisted for a minimum of 3 years and at least one year spent in the eea country. A few questions i have about the interpretation of this are:

1.) Do I have to be legal in the one year spent in the eea county where i am making the application?

2.) If i was legal in another eea country does that count?

Will I have a leg to stand on?

I have tried to beg the spouse not to divorce but seems this is a lost cause.

All advice will be welcome. Thanks for sharing your insight.

what do you mean be overstayed? i suppose you have used Surinder Singh route to come here based on what you said?
if this is the case, then theoretically you never overstayed as you have the right as a family member coz your wife is considered as an EU here under EU regulations.

also, your second question is a bit confusing as you seem to be asking to apply here in UK and you are already here so why going to different country to apply from?
if my assumptions are correct, then i suppose you have retained your rights providing you can submit proof of your EU spouse exercising treaty rights!

[judasiscariot]

[quote="SouthWest1"]

what do you mean be overstayed? i suppose you have used Surinder Singh route to come here based on what you said?
if this is the case, then theoretically you never overstayed as you have the right as a family member coz your wife is considered as an EU here under EU regulations.

also, your second question is a bit confusing as you seem to be asking to apply here in UK and you are already here so why going to different country to apply from?
if my assumptions are correct, then i suppose you have retained your rights providing you can submit proof of your EU spouse exercising treaty rights![/quote]

Well, I thought I was an over stayer..... as i overstayed the visa put in my passport when i entered. It was a 6 month visa thingy not the usual EEA permit I heard people talk about. It was issued at the port of entry (airport) by UKBA officials after a lot of hassle and arguing with them.

1.) As you mention submitting proof of my ex spouse exercising their treaty rights, i suppose you mean working?

2.) Does studying count? Or being self sufficient?

3.) What documents would be required as proof?

4.) Would i need to persuade my ex to hand over the marriage certificate and their resident registration cards etc? I ask because that would be like pulling tooth.

All i can say we have at the moment by way of documentation are my ex's registration certificate for self employed persons in the other eu country where we lived and their eu citizen resident registration card along with marriage certificate and bank document in our names and my residence card. Would that be enough documentation?

I have lived under this burden for the past couple of years and i am at breaking point. I am considering going back to eastern europe where i still have legal residence status although job prospects are very dire for me there due to language and economic issues.

Thanks for the heads up. Greatly appreciated.

I will also like to add that when I just rang to ask my ex spouse about further documentation now, they told me that they had destroyed or lost some of the remaining documentation to help them move on... hmnnn

[askmeplz82]

what do you mean be overstayed? i suppose you have used Surinder Singh route to come here based on what you said?
if this is the case, then theoretically you never overstayed as you have the right as a family member coz your wife is considered as an EU here under EU regulations.

also, your second question is a bit confusing as you seem to be asking to apply here in UK and you are already here so why going to different country to apply from?
if my assumptions are correct, then i suppose you have retained your rights providing you can submit proof of your EU spouse exercising treaty rights!

Well, I thought I was an over stayer..... as i overstayed the visa put in my passport when i entered. It was a 6 month visa thingy not the usual EEA permit I heard people talk about. It was issued at the port of entry (airport) by UKBA officials after a lot of hassle and arguing with them.

1.) As you mention submitting proof of my ex spouse exercising their treaty rights, i suppose you mean working?

2.) Does studying count? Or being self sufficient?

3.) What documents would be required as proof?

4.) Would i need to persuade my ex to hand over the marriage certificate and their resident registration cards etc? I ask because that would be like pulling tooth.

All i can say we have at the moment by way of documentation are my ex's registration certificate for self employed persons in the other eu country where we lived and their eu citizen resident registration card along with marriage certificate and bank document in our names and my residence card. Would that be enough documentation?

I have lived under this burden for the past couple of years and i am at breaking point. I am considering going back to eastern europe where i still have legal residence status although job prospects are very dire for me there due to language and economic issues.

Thanks for the heads up. Greatly appreciated.

I will also like to add that when I just rang to ask my ex spouse about further documentation now, they told me that they had destroyed or lost some of the remaining documentation to help them move on... hmnnn

1. exercise treaty right ( working, studying or self sufficient ) ?

2. Studying count but you need health insurance with that too

3. Your residence for one year in the UK after you arrived in the UK + exercise treaty right during divorce + 3 years marriage . if you can prove all those you will retain your right of residence here in the UK

4. I think marriage certificate you can get one from registry office even if you don't have one so that's not difficult but you will need exercising treaty right from divorce proceeding - decree absolute , 1 year UK residence proof for both of you


even if your EEA family permit expired you were not illegal here in the UK under EU law so don't worry.

[askmeplz82]

[quote="judasiscariot"][quote="SouthWest1"]

[SouthWest1]

what do you mean be overstayed? i suppose you have used Surinder Singh route to come here based on what you said?
if this is the case, then theoretically you never overstayed as you have the right as a family member coz your wife is considered as an EU here under EU regulations.

also, your second question is a bit confusing as you seem to be asking to apply here in UK and you are already here so why going to different country to apply from?
if my assumptions are correct, then i suppose you have retained your rights providing you can submit proof of your EU spouse exercising treaty rights!

Well, I thought I was an over stayer..... as i overstayed the visa put in my passport when i entered. It was a 6 month visa thingy not the usual EEA permit I heard people talk about. It was issued at the port of entry (airport) by UKBA officials after a lot of hassle and arguing with them.

1.) As you mention submitting proof of my ex spouse exercising their treaty rights, i suppose you mean working?

2.) Does studying count? Or being self sufficient?

3.) What documents would be required as proof?

4.) Would i need to persuade my ex to hand over the marriage certificate and their resident registration cards etc? I ask because that would be like pulling tooth.

All i can say we have at the moment by way of documentation are my ex's registration certificate for self employed persons in the other eu country where we lived and their eu citizen resident registration card along with marriage certificate and bank document in our names and my residence card. Would that be enough documentation?

I have lived under this burden for the past couple of years and i am at breaking point. I am considering going back to eastern europe where i still have legal residence status although job prospects are very dire for me there due to language and economic issues.

Thanks for the heads up. Greatly appreciated.

I will also like to add that when I just rang to ask my ex spouse about further documentation now, they told me that they had destroyed or lost some of the remaining documentation to help them move on... hmnnn

1. Your EX exercise treaty right for one year in the UK after you arrived ? ( working, studying or self sufficient ) ?

2. Studying count but you need health insurance with that too

3. Your residence for one year in the UK after you arrived in the UK + exercise treaty right during divorce + 3 years marriage . if you can prove all those you will retain your right of residence here in the UK

4. I think marriage certificate you can get one from registry office even if you don't have one so that's not difficult but you will need exercising treaty right from divorce proceeding - decree absolute , 1 year UK residence proof for both of you


even if your EEA family permit expired you were not illegal here in the UK under EU law so don't worry.

As askmeplz said, you would need all possible documents to support your case here.
as for the stamp, my be you are referring to 1A stamp here?

Also, if you need good advice in this forum, you might supply more info on how long you have been here and been with your ex exactly...etc, so gurus and other members with experience can provide good info.
i suppose you were married abroad? if this is the case, then try to get a duplicate for the marriage certificate as it will help with your application. if this is causing too much stress, i would suggest to use a solicitor ( a good one who understands in EU laws) to get your application sorted and remember, keep it civilised with your ex as you will definitely need some documents from her to support your application.

[SouthWest1]

also to add, for UKBA a marriage is still valid until a decree absolute is issued even if you both leaving in 2 different address.
and a quick divorce will take usually 3 months to be finalised so its a bit of time to get all papers ready and sorted

good luck

[judasiscariot]

[quote="SouthWest1"]also to add, for UKBA a marriage is still valid until a decree absolute is issued even if you both leaving in 2 different address.
and a quick divorce will take usually 3 months to be finalised so its a bit of time to get all papers ready and sorted

good luck[/quote]

Thanks everyone.... to clarify,

we got married outside the EU as i am a third country national.

We then lived in an eastern european country for a year then came back to the UK. Marriage deteriorated pretty fast after that.

We came back about 2 years ago. I have never heard of the A1 visa mentioned earlier... maybe thats what i had on the passport. The ink is terribly smeared and barely legible anyway. It clearly states the date of issue and duration though.

[SouthWest1]

An A1 stamp will be similar to stamps on page 40 onwards

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[judasiscariot]

[quote="SouthWest1"]An A1 stamp will be similar to stamps on page 40 onwards

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary[/quote]

Yes!!! that's the stamp i have in the passport! So is that the one they call A1? I see. Thanks for the insight.

[Jambo]

I am married to a brit national who exercised their EU rights in another eu country 3 years back. I then came back to this country on the back of that but since overstayed. We are divorcing pretty soon. Is there any chance I can make my application inspite of the divorce? I read somewhere that spouses of eea nationals could still have retain the right of residence if the marraige subsisted for a minimum of 3 years and at least one year spent in the eea country. A few questions i have about the interpretation of this are:

1.) Do I have to be legal in the one year spent in the eea county where i am making the application?

2.) If i was legal in another eea country does that count?

Will I have a leg to stand on?

I have tried to beg the spouse not to divorce but seems this is a lost cause.

All advice will be welcome. Thanks for sharing your insight.

Your case is not so simple in my view. You are not a "normal" spouse of EEA national in the UK but a spouse of a UK national under the Surinder Singh route (i.e. returning after working in another member state). As far as I know, retention of rights following a divorce doesn't apply in your case.

Have you got any children? You might be able to make an application based on the children.

[judasiscariot]

[quote="Jambo"][quote="judasiscariot"]

All advice will be welcome. Thanks for sharing your insight.[/quote]

Your case is not so simple in my view. You are not a "normal" spouse of EEA national in the UK but a spouse of a UK national under the Surinder Singh route (i.e. returning after working in another member state). As far as I know, retention of rights following a divorce doesn't apply in your case.

Have you got any children? You might be able to make an application based on the children.[/quote]

No we do not have any children together.... the only child was from their previos relationship and that's not mine biologically. The point you made is one of the areas i was trying to clarify by posting here as it seems a grey area to people in my circumstance (third contry spouse of surrinder singh type EU national).

Thanks for clarifying.

[Obie]

Your case is not so simple in my view. You are not a "normal" spouse of EEA national in the UK but a spouse of a UK national under the Surinder Singh route (i.e. returning after working in another member state). As far as I know, retention of rights following a divorce doesn't apply in your case.

Have you got any children? You might be able to make an application based on the children.

I don't this is right at all.

The rationale behind Surinder Singh, is to give family member the same rights as Union Citizens and their family members in the Directive/Regulation.

In those circumstances, i cannot see any logical reason why regulation 10 will not apply to family member who benefit from Surinder SIngh.

It was the invocation of Diatta, that got Mr Singh's case to the ECJ.