Non EEA divorced right of retention - My experience so far..

[bebe2]

hi doe2000
you need to apply with form eea4, at least 28 days before the recidence card of five yeart expire.

you need to give a detailed explanation of your situation so other people can help answer you questions.

[Doe2000]

Hi Bebe2
Thank you for your response. The other concern that I have is that the divorce took place abroad, but the ex was here before and after the divorce. In the petition documents sent to me, her address in London was there in all. However, bcos of the system in their country, her address in her home town was also there. May be HO 'd think she's no longer in the UK. I know where she's working and living, and also have her mobile number. Do I just need to write a letter detailing the system in their country and also point their attention to her London address on petition documents? What of if she leave d UK before i get a response from HO? Many thanks - DOE2000

[bebe2]

hi i must say i dont know much about divorces abroad. but the good thing is these app. are assessed by humans. so i shud hope anexplanation letter wud do.

and i will ask you to get a solicitor as your case is a bit compicated.

[Doe2000]

Hi Bebe2,
Many thanks for your advice, I have taken them on board and will keep you posted. A solicitor has advised me to do the same and I'm using him as well.
Thanks once again and God bless! Doe

[kapil_24uk]

hi guys
im in the same boat .i only got my decree absolute yesterday. applied for Pr in jan2009 but havnet heardanything

please advice me sumthing

thanx
kapil

[mzenzen]

guys, could anyone give me an idea about my situation???

when they say 3 years before the petition has been filed.. what does it mean exactly before the petition has been filed? is sending the petition by post means it?? i have 2 weeks left to complete my 3 years as married to an EEA, but she is planning to send the petition, could be 1 week before the 3rd anniversary, does this means i didn't reach the 3 years time ???????????????????????????????????????????????????????????????????

[bebe2]

well i dnt know about yrs before the petition is filed.

frm wat i understand is if u have been married for yrs.

to be on the safe side , try to create any situation that will keep the application for another weeks.

[mzenzen]

guys, i need a little advice in here..

got married with an EEA on the 06-0e9-2006 the date on the divorce petition that was sent is the 24-08-2009 which makes it 2 year 11 months and 18 days.. so 3 years less 12 days!!!!! how would that affect my application for the residence retention after divorcing an EEA national??????????????????

[vinny]

guys, i need a little advice in here..

got married with an EEA on the 06-0e9-2006 the date on the divorce petition that was sent is the 24-08-2009 which makes it 2 year 11 months and 18 days.. so 3 years less 12 days!!!!! how would that affect my application for the residence retention after divorcing an EEA national??????????????????

Please keep to one thread on the same subject.

[joenelly]

i have read a lot of what is happening,in my view most of the case workers are not really trained.all they are doing is just write something,the EEA law says they need to finish with cases within 6 months and it says categorically,but like i said they are doing what they think they wanna do,what sense does it make when someone is seeking asylum sleeping in the house being paid by tax payers and also they get money,whiles someone has work for five years and you tell the person that becos is devorce he is not qualify, what about the retention right ,to be honest with you some of the case workers need to be train again.i bet that if someone send under cover to any of those centres especially liverpool you will see that they dont look at the cases at all,i think cases of this nature need to be reported to parliament,if i come home to see my wife sleeping with a man in my room what do you think is going to happen,divorce of course i dont think if she want a pin from me i will give her no way.they are just joking with the non EEA nationals.I KNOW THEY ARE BUSY BUT A CASE SHOULDNT TAKE 1 WHOLE YEAR TO GET A REPLY OH PSE,CASES NEEDS TO BE HANDLED ON INDIVIDUAL MERIT THAT WAS WHAT THEY SAID,SO WHY ARE THEY WASTING TIME

[Miss Brito]

Congratulations I read all your case, I'm going to have the same case.
Happy for you.

An update FINALLY.

I finally got my documents back (13 months after sending them away).

Like Morpheo the HO have simply sent me a new residence card which states I am a family member of an EEA national (slightly odd as the whole reason for me applying is that I have just ceased to be a family member).

The residence card is a photo one on a sticker attached to my passport and is valid for 5 years.

In addition I got a bog standard letter stating my only claim to remain here is a a family member of an EEA citizen and should he leave or I cease to be a family member (which is the case) then I should notify the HO.

WHAT A BUNCH OF IDIOTS.

So long and short is:

- HO looks like they're happy for me to retain my rights.

- HO haven't got a suitable Microsoft Word template set up which deals with such circumstances so decide to throw in a bog standard letter which isn't relevant to me.

- HO haven't got a suitable residence card for my circumstances so just use the bog standard family member one.

I've now written a scathing email to them requesting they send at the very least a letter stating that I have retained my rights of residence having ceased to be a family member of an EEA citizen.

There's no way in hell my rights of residence are dependent on an ex-husband (and ex-family member).

It's really sad (but totally expected) that the HO just can't be bothered to try and give me a little more clarity, or at very least some documentation that I can show at the airport if needed.