Retain right after divorce (EE4)

bammyp · Post by **bammyp** » Wed May 28, 2014 11:55 pm

I got married in 2006 was granted 5year resident card in 2006 November on paper then transferred it on my passport in march 2008 and resident permit finished in march 2013 . but got divorce without a child with my ex spouse in February 2014 which is more than 5years according to EU law. I am a non EU and my ex spouse is from Lithuania. I made an application to retain permanent resident in UK in last Feb and HO sent acknowledgement letter to work until they make their decision but the application was refused because I did not provide that ex spouse is excising her treaty right in UK. I re-apply then be able to provide 2009 to 2014 P60s because the rest document from 2006 to 2008 is misplaced. is it possible to retain permanent resident card? also I did not have any documents or utilities that our name is on it together to prove that we leave together for a minimum a year. is it compulsory that our names should be on a document together as a prove to HO that we leave together? kindly help me out

Imshzd · Post by **Imshzd** » Thu May 29, 2014 1:52 am

For retain rights of residence you must have to prove that you resided in the uk as a husband and wife at least a year,you can show any one year from 2006 to 2014.joint names on bills etc does not matter.
If your ex wife already acquired PR before your decree absolute then you don't have to prove her treaty rights at the time of divorce.
For your PR you must have to pass the EU regulation test,which is 5 years treaty rights plus proof of residency in the UK.without this test you are unable to meet the PR requirements.
Try to get at least 6 months proof of residency each year.

sisco · Post by **sisco** » Fri May 30, 2014 10:00 am

hello
i got married in nov 2009 with an eea and was granted 5 years resident card but now divorce since feb 2013 before that i was student since 2001.
now a m due to apply for 10 years long residency (ILR)
we was maried for more thant 3 years and was living together for these 3 years i have all the proofs
my problem is :

she was exercising her treaty of right ( working ) form 2009 to nov 2012
she stop working 3 months before we get divorce on feb 2013
this can be a problems ? have got her P60 from 2010 to 2011 2011 to 2012 and P45 nov 2012
please advice
thanks

Imshzd · Post by **Imshzd** » Fri May 30, 2014 12:07 pm

sisco wrote:hello
i got married in nov 2009 with an eea and was granted 5 years resident card but now divorce since feb 2013 before that i was student since 2001.
now a m due to apply for 10 years long residency (ILR)
we was maried for more thant 3 years and was living together for these 3 years i have all the proofs
my problem is :

she was exercising her treaty of right ( working ) form 2009 to nov 2012
she stop working 3 months before we get divorce on feb 2013
this can be a problems ? have got her P60 from 2010 to 2011 2011 to 2012 and P45 nov 2012
please advice
thanks

Why she stopped working in Nov 2012?and what she did after Nov12 to Feb 13,I assume this was a time of your divorce proceedings?

Imshzd · Post by **Imshzd** » Fri May 30, 2014 12:12 pm

Well if you are planning to apply on the basis of 10 years long residency then you have to sent your ex treaty rights from 2009 to 2011 and proof of residency.But remember this is discretionary request to HO to consider your application under UK immigration rules.

sisco · Post by **sisco** » Fri May 30, 2014 3:14 pm

Imshzd wrote:
sisco wrote:hello
i got married in nov 2009 with an eea and was granted 5 years resident card but now divorce since feb 2013 before that i was student since 2001.
now a m due to apply for 10 years long residency (ILR)
we was maried for more thant 3 years and was living together for these 3 years i have all the proofs
my problem is :

she was exercising her treaty of right ( working ) form 2009 to nov 2012
she stop working 3 months before we get divorce on feb 2013
this can be a problems ? have got her P60 from 2010 to 2011 2011 to 2012 and P45 nov 2012
please advice
thanks
Why she stopped working in Nov 2012?and what she did after Nov12 to Feb 13,I assume this was a time of your divorce proceedings?

hello Boss
she lost her job at that time and was trying to fund an other job
as you can see she short of 3 months
what did you advise me to do ?
do you think it s can be a problems plz advice and thanks for your time

Post by **Obie** » Fri May 30, 2014 4:27 pm

You are required to show that she was a qualified person on the day of termination.

Depending on the circumstance of the termination, you may qualify.

sisco · Post by **sisco** » Fri May 30, 2014 4:33 pm

Obie wrote:You are required to show that she was a qualified person on the day of termination.

Depending on the circumstance of the termination, you may qualify.

can you please give more explanation please

Post by **Obie** » Fri May 30, 2014 4:43 pm

You case seems a bit complex and may need closer attention. From looking at other thread, I gathered your marriage was terminated, or termination proceedings commenced before 3 years of marriage. That may be a problem. In regards to the 10 years, there seem to be a break. Certain breaks, provided they are properly evidenced, will not affect a worker's status, whiles others will bring that status to an end. The consequence of this is that the EEA national will not be residing in accordance with the regulation and so will their non EEA family member

Imshzd · Post by **Imshzd** » Fri May 30, 2014 6:55 pm

sisco wrote:
Imshzd wrote:
sisco wrote:hello
i got married in nov 2009 with an eea and was granted 5 years resident card but now divorce since feb 2013 before that i was student since 2001.
now a m due to apply for 10 years long residency (ILR)
we was maried for more thant 3 years and was living together for these 3 years i have all the proofs
my problem is :

she was exercising her treaty of right ( working ) form 2009 to nov 2012
she stop working 3 months before we get divorce on feb 2013
this can be a problems ? have got her P60 from 2010 to 2011 2011 to 2012 and P45 nov 2012
please advice
thanks
Why she stopped working in Nov 2012?and what she did after Nov12 to Feb 13,I assume this was a time of your divorce proceedings?
hello Boss
she lost her job at that time and was trying to fund an other job
as you can see she short of 3 months
what did you advise me to do ?
do you think it s can be a problems plz advice and thanks for your time

If she lost her job and was try to find out a new job then she is consider as a qualified person but you have to prove this that she was a qualified person as a job seeker.
Another point is this that with in the last 12 months she was a qualified person.this is positive in your case.

juber · Post by **juber** » Fri Jul 03, 2015 2:48 pm

hi
I got five years residence visa as a non EEA family member. I am not living with partner any more have already spent my 4 years 6 month time in the UK came in the UK as a working holiday maker in 2007 and then after two years I applied for residence card with my polish partner.We are not married.now i don't know where she is.
I am working full time as a supervisor .my salary is more than £22000 per year am working with the company since I got the visa.

I went to the solicitor and he said he will apply for me and his fee is £1000.
is there any chance I can apply for my self. could you please any one advice me how shall I apply and what type of documents I need for PR.

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