Retention of rights after divorce -

[bobobo]

Calm down Muniz, people here are trying to help you, infact if you provide all the information in one go, no one will need to keep poking information out of you. As far as your question is concerend Please remember that for retaining the rights of residence you will need to prove the following (this is more in line with what the HO want to see):
1. The Marriage lasted for 3years or More and Aleast one of those was spent in the UK.
2. The EEA national has been exercising treaty rights in the UK (P45, P60. Self assesment tax, student etc..) , they would specifically want to see this from the time divorce was initiated until the decree absolute would be granted.
3. Proof of co-habitaion between your stepmother and father.

I have seen a similar case before just like yours. where your father needs to prove that that he qualifies for retaining rights of residence. If he does then so do you, If he doesnt then I am afraid you cant either.

If the divorce is amicable and your step mother is willing to help your father then things would be easier, otherwise it would be an uphill battle trying to prove everything

help me please....................

[muniz]

help pls..........

[bobobo]

Muniz like you said that your father has a child with the EEA national and since you are a minor as well, your father could claim retention on the basis of him having a child with the EEA national. However since you said that your step mother has not been exercising treaty rights since 2008, would make the situation a little tricky. best thing is speak to an Immigration solicitor to iron this out.

I would reckon that is all the help that can be provided to you. You may wish to wait for some guru's to come back and confirm if your step mom not exercising treaty rights would harm in any way.

[muniz]

help me plsssssssssssssssss

[Mary1]

Hi Muniz

I like others on this forum i think you have to appreciate the personal time it takes to answer questions and provide free opinions. I think its fair to say having read your post as a third party, its clear the information you have been provided answers your questions and gives you options for your dad to manoeuvre. Unless you ask a different question you will not receive a different response to the ones already provided.

M

[bobobo]

Thank you Mary for finally getting the point accross, I tried and failed

Hi Muniz

I like others on this forum i think you have to appreciate the personal time it takes to answer questions and provide free opinions. I think its fair to say having read your post as a third party, its clear the information you have been provided answers your questions and gives you options for your dad to manoeuvre. Unless you ask a different question you will not receive a different response to the ones already provided.

M

[Guerro]

Muniz like you said that your father has a child with the EEA national and since you are a minor as well, your father could claim retention on the basis of him having a child with the EEA national. However since you said that your step mother has not been exercising treaty rights since 2008, would make the situation a little tricky. best thing is speak to an Immigration solicitor to iron this out.

I would reckon that is all the help that can be provided to you. You may wish to wait for some guru's to come back and confirm if your step mom not exercising treaty rights would harm in any way.

You can't retain rights of residence on basis of having a child UNLESS you are self sufficient. In that case, you will be facilitating exercise of treaty rights to minor eea child. As an adult, you can't be dependant on a child.
Source: european case work instructions