Urgent: Divorce and Surinder Singh retention of rights

[Catherine82]

Dear Forum Members,

I desperately need some further information regarding my current situation.

- My Non EEA spouse was granted an RC in September 2012 in line with Surinder Singh ruling as I a British National had been employed full time for 4 months in the Netherlands where we had resided together.

- For the first 3 months back in the UK I was a job seeker and then becoming unwell with depression and anxiety I have been in receipt of Employment and support allowance since March 2012 until present.

- I have decided to end the marriage after being subjected to long term emotional abuse and have separated with the intention to file for Divorce in the near future.

I recently had a consultation with an Immigration lawyer to discuss whether my spouse could retain right of residence upon divorce as I don not wish the dissolution of the marriage to result in his deportation.

- We married in May 2008 and so satisfy the 3 years of marriage requirement
- We have also lived together in the UK for several years and so the 1 year requirement of residing together is satisfied.

The lawyer informed me that due to the fact that I have not worked since returning to the UK that I am not a qualified person and so
my spouse would have no right of residence irrespective of whether I have been 'unfit' for work or not.

Is this information I have been provided with accurate and correct?

Also if my Non Eea spouse can prove that he has been employed permanently and full time since being granted the RC under Singh in 09/2012 would this have any positive impact on his eligibility for retaining right of residence?

Thank You for your kind assistance.

[rosebead]

Your lawyer is incorrect. ECJ Eind does not require returning EEA citizens to exercise Treaty rights, and they may claim benefits without it affecting the right of residence of their non-EEA family members. The fact a non-EEA spouse has long been working before a divorce makes no difference to his application for retention of rights. What matters is that he is working on commencement of divorce and continues to exercise Treaty rights as if he were an EEA national until he achieves permanent residence status.

[sinead1982]

Dear Rosebead,

I have since assisted my ex spouse in applying for retained rights of residency and it has been refused.

I have lost my email account on my old profile for this site.

My thread is below and I would sincerely appreciate your advise if you are willing to reply of course.

Many thanks in advance.

http://www.immigrationboards.com/eea-ro ... 09251.html