Retaining Right of Residence following Divorce

[nanaaddo80]

Hi,
I am posting here so someone can help, i am new to this forum and i must say i am very much impressed.
My Situation in brief
1.come to uk illegally in 2001
2.Seeked asylum in 2002, but did not get outcome before i got married,and after marriage asylum was refused
3.Got married to an eea in December 2003
4.Residence card was issued to me in march 2006
5. Petition for divorce on 27/08/2009
6. Decree nisi was pronouced on 19/10/2009
7. Divorce was finalized on 1 december 2009.
Please advice what to do next since i have conflicting advice from the eea applications help line provided by the home office. All help and advice fully appreciated

[Obie]

Have you got evidence that you and the EEA national stayed together from 2003-2008, also have you got evidence that she was excersing treaty rights over that period?


You should have applied for PR since 2008, as you qualify, why didn't you?

[nanaaddo80]

HI Obie,
Because i didnot have any idea about eea laws and how to go about it.
Have got evidence from Feb 2005-Dec 2009.
I also would want to know if the continous excersing of treaty rights by my ex wife will be counted fron the Day of the RC or from date of Marriage.
Thanks alot

[datuchi]

Hey, nando, u have nothing to worry about! Let's say as a minimum, u will have retained your residence in the UK. This means, u can stay here independently of ur eea wife. As u said, u have proof of ur wife exercising treaty rights up to the moment of divorce.

Your issued card expires in 2011, i would wait till then not to complicate things and apply on the basis of retaining your rights. Otherwise you'd have hard time proving that u were eligible ages ago. This will include loads of paperwork which u don't have.

The fact that u can prove period from 2005 means u would have been eligible 5 years after- at the earliest in 2010. Since u are 1 year short (even months) u can't apply for retrospective PR. Even in 2008 u were not really eligible to.

Thus, u simply wait till the expiry of your existing card and apply before it expires. Make sure u either work, or if not- have enough money+ PRIVATE health insurance
I would not stress out in your place

as

HI OBIE
THANKS FOR THE REPLY......BECAUSE I DID NOT NO A THING ABOUT THIS UNTIL I DIVORCED AND STARTED MAKING ENQIRIES I HAVE GOT UTILITY BILLS FROM DECEMBER 2003 WITH BOTH NAMES UNTIL OCTOBER 2009
ALSO, I HAVE GOT PROVE OF HER EXCSERSING TREATY RIGHTS FROM 18 FEBUARY 2005 UP UNTIL DIVORCE.THE SAME YEAR WHICH WE USE FOR THE RESIDENCE CARD APPLICATION WHICH WAS GRANTED IN MARCH 2006(I MEAN WE AT THE TIME GAVE I YAER EVIDENCE THUS FROM FEB 2005-MARCH 2006.I HAVE ALSO GOT THREE YEARS MORTGAGE STATEMENTS, COUNCIL TAX BILL, AND HER P60 AND PAY SLIPS FROM FEB 2005-OCT 2009.

[vegeta_2009]

Obie, do you apply to retain your rights straight after the decree absolute is granted or you wait untill the EEA2 card runs out (before a month or so ) and then apply with EEA4 on the basis of 3 years of mariage + exercising treaty rights yoursef.

the second option seems more risky to me? what do you think?

[nanaaddo80]

Hi,
I have decided notify HO of my divorce by writing and asking them for confrimation of retained right of residence using Regulations 10(5).I'll attach the ff:
1.Letter notifying HO of divorce
2.Decree Absolute
3.Utility Bills from dec 2004 - dec 2009
4.P60s and wage slips from myself until dec 2009
5.P60s and wage slips of my Ex until dec 2009
7.Bank statements showimg evidence of funds by both
8.Mortagage statement from when we bought a property togather until dec 2009
9.My Passport
10.2 Passport Photograghs of myself.
FORUM should share idea about this to see if my approach is cool since i do not want to use any of the eea2 or eea4 forms which is so misleading.I live the HO to use their discretion.
Thanks alot

[Obie]

Vegeta both options you have stated above are perfectly fine.

I do recommend for people to apply for retention of rights of resident for a variety of reasons, one of which is the fact that if they divorce after they have lived in the UK for a year, then they will have to keep all the evidence showing that the EU spouse lived in the UK for a year of their 3 years or more of marriage, and that prior to their divorce, the EEA spouse was exercising treaty rights in the UK. Keeping those documents for 4 years can be quite problematic, as you never know what accident could happen over that period and the possibility of loss or damage. The other problem is, if you are stopped at the airport and aksed for you EEA spouse, it might be difficult to explain things to an immigration officer, who might not be very knowledgeable about EU laws, and this might create unnecessary delays whiles the facts of your case is established.


In the case of the OP, he does not need to apply for retention of residence, he should apply for PR straightaway, as he is a family member who acquired right of Permanent resident prior to divorce.

He had lived in the Uk for a continuous period of 5 years with his EEA wife prior to his decree absolute being passed, and he has evidence to substantiate that.

[datuchi]

Have u read through all the links ive given u? Many people have been through the same already. Don't rush mate, make sure u have everyth.
Write a covering letter. Also in Feb u will be eligible for PR! is it not better to apply straight for that, considering that ur letter will not be processed before Feb or at all for a xlcouple of months. U will need ur passport for PR applic

Hi,
I have decided notify HO of my divorce by writing and asking them for confrimation of retained right of residence using Regulations 10(5).I'll attach the ff:
1.Letter notifying HO of divorce
2.Decree Absolute
3.Utility Bills from dec 2004 - dec 2009
4.P60s and wage slips from myself until dec 2009
5.P60s and wage slips of my Ex until dec 2009
7.Bank statements showimg evidence of funds by both
8.Mortagage statement from when we bought a property togather until dec 2009
9.My Passport
10.2 Passport Photograghs of myself.
FORUM should share idea about this to see if my approach is cool since i do not want to use any of the eea2 or eea4 forms which is so misleading.I live the HO to use their discretion.
Thanks alot

[nanaaddo80]

Hi Datuchi,
Thanks Mate for the reply
Do you reckon i apply using eea4 and also not to use regulations10(5) with a covering letter. I thought Morpheo used this approach from the link you sent me. If you can, could you please draft the letter which I am to write in accompanying the application for me to see?.So far this is the Letter I intended sending..
Dear Sir/Madam,
NOTIFICATION OF DIVORCE AND APPLICATION FOR A RETAINED RIGHT OF RESIDENCE.
I Nana Addo write to inform you that the marriage between I and...........is no longer subsisting refering to this cause a decree made on the 19/10/2009 at the ...............court that the marriage solemniesd on 4 dec 2003 be dissolved.
With reference to the EEA Regulations as set out in Reg 10(5)a,i, prior before the initiation of divorce, I therefore which to apply for a retained right of residence and I attach the ff:
Decree Absolute
P60s and wage slips from myself and my ex
Utility Bills and Bank Statements,passport,2 pictures.
Thank you for every assistance
Please let me know if this is Ok,other than that kindly draft one for me as said earlier and confirm when exactly I need to send this in to HO.
Thanks once again
Thanks always

[datuchi]

It looks OK, with the exception that it refers to retention of rights. Send the letter with only the copies! And somply mention at the end that u r sending copies as u will become entitled to apply for PR in Feb and will need the originals then.
Dont stress out at how formal the letter looks as long as u get the first response from them.

[nanaaddo80]

Hi Datuchi,
Thanks for the reply...........But what do you reckon I state in place of me mentiong retained right of residence in the letter.Please make a suggestion
Thanks

[datuchi]

I think you should state that you are writing to inform them of the divorce, and that you retain the right of residence in the first letter with the copies, which you intend to send on 4 Jan 2010. There, you will also explain to them that the originals are not attached as you require them for the PR application which you are intending to make in February 2010.

By the time they reply, it will be time to apply anyway, and you have covered your back by updating the HO of your status, as mentioned in the letter you get after receiving your initial Residence Card.

Hi Datuchi,
Thanks for the reply...........But what do you reckon I state in place of me mentiong retained right of residence in the letter.Please make a suggestion
Thanks

[nanaaddo80]

Hi Datuchi,
Thanks once again but I feel I should not mention any Febuary application since they might say is pre calculated which I hear is what the UKBA are using now.Instead check the ff wording:

Dear Sir/Madam,

Notification of a Change in Circumstance following Divorce.

I write to inform you that I am divorced from.........with regard to a cause made on 19/10/2009 that the marriage solemnised on 4 Dec 2003 be dissolved.
With reference to the EEA R egulations 2006, Article 13, Regulations 10(5)(a)(i), i therefore write to retain a right of residnce ff divorce.
Attached are.......................
Thank you for every assistance.
Check this and if possible draft your own wording.I appreciate your help
Anyway, I understand even if is PR in Feb 2010,Article13 and Regulations 10(5)comes to play......can you share more on that?
I appreciate your help.
Thanks once again

[datuchi]

What do u mean they might say its pre-calculated??
there is nothing wrong with knowing your rights and what u r entitled to! Noone can suggest any wrongdoing, let alone accuse u of anyth, it's clear libel if they do and they may be answerable for any such suggestions, esp without any proof? Dont be scared to stand up for ur rights. Your letter is FINE, i told u that u simply update them of ur situation and apply for PR in feb.
It is in February when you will need to draft a detailed letter with the use of a solicitor, and I can even advise you of an immigration adviser if you're in London.

Until then, a simple letter will SUFFICE.

"Dear Sir/Madam

I am writing to update you of my status as required in the letter attached to the residence card issued by you in pursuance of (mention the Regulations or another statutory instrument under which your current card was issue and place reference number, together with a copy of that letter if you still have it). Please note that under both the Immigration (European Economic Area) Regulations 2006 and Directive 2004/38, I satisfy the conditions laid therein in order to reside in the UK of my own right. I only attach copies of all the relevant documentation as I am intending to apply for a Permanent Residence Card in February 2010, when I become eligible, and will need these originals then.

Please acknowledge the receipt of this letter and contact me in case you have further queries regarding this matter.

Yours Faithfully

Nana Addo Date:--/--/-- "


Make sure you send the letter via recorded delivery and keep the record etc.

Your main goal is to apply in Feb 2010 for PR, therefore, to apply now for anyth else is repeating your work. Keep all the docs from your EEA before the decree absolute, and after that keep YOUR docs etc. Make sure you're working.

In February, when I'm free, I could help you draft a letter when you intend to apply for PR, and before then can suggest an immigration adviser.

Good Luck

Hi Datuchi,
Thanks once again but I feel I should not mention any Febuary application since they might say is pre calculated which I hear is what the UKBA are using now.Instead check the ff wording:

Dear Sir/Madam,

Notification of a Change in Circumstance following Divorce.

I write to inform you that I am divorced from.........with regard to a cause made on 19/10/2009 that the marriage solemnised on 4 Dec 2003 be dissolved.
With reference to the EEA R egulations 2006, Article 13, Regulations 10(5)(a)(i), i therefore write to retain a right of residnce ff divorce.
Attached are.......................
Thank you for every assistance.
Check this and if possible draft your own wording.I appreciate your help
Anyway, I understand even if is PR in Feb 2010,Article13 and Regulations 10(5)comes to play......can you share more on that?
I appreciate your help.
Thanks once again

[nanaaddo80]

Hi,
Thanks for the quide,really appreciate it.I shall post the letter to HO usiing special delivery and will keep you updated if they respond.
Thanks alot

[nanaaddo80]

Hi Obie,
Whats up............seems very quite and not sharing views for a while.I Need to hear from you mate
Thanks

[nanaaddo80]

Hi,
Happy New Year to everyone and may the year bring joy,peace,and the heart desires of everyone on this forum
Now to the main agenda, I am posting all documents required and a letter notifying UKBA today of my divorce stating i meet all condtions laid in the 2006 regulations and the directive for a continues residence in my own right.
I shall keep all posted of updates as at when I hear from them.Fingers crossed.
Thanks all for the support and quide.

[vegeta_2009]

Hi,
Happy New Year to everyone and may the year bring joy,peace,and the heart desires of everyone on this forum
Now to the main agenda, I am posting all documents required and a letter notifying UKBA today of my divorce stating i meet all condtions laid in the 2006 regulations and the directive for a continues residence in my own right.
I shall keep all posted of updates as at when I hear from them.Fingers crossed.
Thanks all for the support and quide.

Happy new year to you too. good luck and keeps us updated

[jude]

nanaaddo80 I think you are rushing tomuch and stressing yourself 2much. For your information no need to sent any document just a coving letter explaining them that you have divorce from ur EEA SPOUSE and the divorce certificate. Note that , they may write you not less than 3 months and the fact that u are thinking of using EEA4 is crazy why? Honestly people have lots of ideas about this issue . I applied for it and I was asked to sent proof of X working from the time of divorce till the end and proof that I am working honestly no think else . within 5 months I got my rights back. you have to sent them 2 photo of ur self again. I would advice u not to sent any document wait untill they ask you. U would be fine trust me.

[nanaaddo80]

Hi Jude,
Thanks fro your suggestion............what i sent to UKBA was a letter notifying them of divorce,Decree Absolute,and prove that my ex has been working until divorce.Anyway, can i ask how many years you were married before divorce?
Thanks

[jude]

I was married for 4 years plus. As I mentioned no need to sent the document when they have not asked , but is still ok . Ask any question you want to .

[nanaaddo80]

Hi Jude,
Thanks for the reply
I quess things have changed after your application.Anyway, I was married for exactly six(6)years before divorce.(dec 2003-dec 2009), I bet this is quite different since they may want to know what my ex wife was doing throughout the marriage.
Moreso,i did not send any EEA4 form as you imply, I just wrote to them with the required docs.
Thanks

[vegeta_2009]

I was married for 4 years plus. As I mentioned no need to sent the document when they have not asked , but is still ok . Ask any question you want to .

Jude, did you go through retention of right yourself? it seems like a minefield to me and it is open to abuse (what if the spouse doesnt want to cooperate after divorce have initiated? )

Datuchi and Obie were really helpfull regarding this matter, if you want to add anything that we might lookout for let us know.

regards

[irakra]

Hi guys!!!

I am in the same situation, and I actually informed HO of my divorce by a letter and a copy of decree absolute in May 2009 and never heard from them ever since, so there is chance they just ignored me. Anyway I am going to apply for a certificate of approval and get married with my British partner, so I think that will trigger the whole process, they will definately ask me for a proof of my ex excercising treaty rights and so on, but we'll see. Anyway just wanted to share my views.

Good luck!!!!!

[vegeta_2009]

Hi guys!!!

I am in the same situation, and I actually informed HO of my divorce by a letter and a copy of decree absolute in May 2009 and never heard from them ever since, so there is chance they just ignored me. Anyway I am going to apply for a certificate of approval and get married with my British partner, so I think that will trigger the whole process, they will definately ask me for a proof of my ex excercising treaty rights and so on, but we'll see. Anyway just wanted to share my views.

Good luck!!!!!

thanks for keeping us updated irakra, can i ask who advised you to apply with just a letter and a copy of the decree absolute?