Retention of rights after divorce -

[muniz]

My situation is that me and my father is not EEA national, i am a stepchild of an EEA national and I wanted to ask if someone could tell me whether I would be eligible to retain my right of residence even if my father was to get divorced with my EEA stepmother.

Now, I will try to explain the situation as clearly as I can.

1) My father a non EEA national got married to a EEA national in 2007
2)My father has been working since 2001 illegal up to 2008, he then got his residence card off an EEA national
3) I came to the UK in 2001 and got my residence card in october of 2009 for five years.
4) Since 2001 i have been in constant education
5)My parents are just about to begin the divorce

Q1: would i still be able to apply for a permanent residence card even after my stepmother is not Excersing treaty rights and has applied for public funds like:housing benefit,working tax credit and child benefit and i was wondering if this will affect my visa

[John]

You say your father married in 2007? Can I ask, when in 2007?

It is important to appreciate that between the date of marriage and the filing of the Divorce Petition in Court, there must be at least 3 years. Can you confirm that?

[muniz]

27 of january hes got marriage

[muniz]

help me please .........................i need help

[John]

OK, that is good that the marriage has already existed for over 3 years.

As regards your step-mother, how long has she been in the UK? Has she got confirmation of Permanent Residence status?

[muniz]

6 yrs and she has a registration scheme from home office

[muniz]

john help me please

[John]

6 yrs and she has a registration scheme from home office

If she has confirmation of PR status then she is not obliged to exercise Treaty Rights in any particular way, and can claim whatever benefits she is entitled to.

So having established that, returning to your question about whether you will have retained rights following the divorce, Article 13 of the EU Directive, which gives retained rights to your father, not only does that but also gives the same retention of rights to other "family members", which clearly covers you.

That is, Article 13 is headed :-

Retention of the right of residence by family members in the event
of divorce, annulment of marriage or termination of registered partnership

[muniz]

my fathers spoken to many lawyers about this and they said that i wouldn't be able to retain a visa what makes you so sure?

She hasn't been working for 3 years, would this also affect my visa and shes not exercising her treaty right. do u know any lawyers that would help me with this situation

[John]

What makes me so sure? Because of what you have posted. Now if you have posted false information, or I have misinterpreted your information, well yes, my conclusion would be wrong.

So when you say "6 yrs and she has a registration scheme from home office", I am interpreting that as meaning that your step-mother has confirmation of PR status .... permanent residence. Is that correct?

[muniz]

no she does not have PR because when my father got marriage shes applied for a residence card because she was a self employer and the home office gave her a blue residence card for 5 yrs.but i think she's entitle for PR because shes living in here over 5 yrs

[John]

Ah well, not necessarily, because it is not just a question of living in the UK for 5 years, it is a question of showing that she has been exercising Treaty Rights in the UK for 5 years? But has she?

So there is the problem. I had misinterpreted your previous post, so my conclusion previously stated could also be wrong.

[muniz]

she has not been exercising treaty right for 3 years after marriage

[John]

Then you and your father have a problem.

[muniz]

do you know any other way to stay in UK,because i do not speak my mother language and i don't have any education back home, and i have been living in here for 10 yrs

[Obie]

Was this Migrant worker in employment at anytime during your education, or was she just in self-employment and ceased from doing so.

You seemed pretty worried. I don't think UKBA will be coming to take you tomorrow, so you could calm done a bit, as getting too worried will not solve your situation.

[muniz]

she was working for 4 yrs ,from 2004 to 2008 and them stoped

[Obie]

This is getting pretty confusing.


You said this EU national, whom i suspect is an A8 national, is/was a Self-Employed person, and then you said she was in employment. Please note that these two term are not synonymous.

If she is an A8 or A2 national, then any unauthorised employment (A2) or failure to register under the WRS (A8) will render any employment unlawful, and not in accordance with community law.


Please specify whether this woman was a worker within the meaning of community law, and if so, was this authorised , also, when you became a family member of this woman, and installed yourself as such, and then started your education or continue it, was she a worker.

It is important you answer this question clearly and in a very concise manner.

[muniz]

shes was working in a coffee shop from 2004 to 2006, after shes become self employer from middle 2007 to 2008

[Obie]

Now i get the picture.

The problem is at the time you became a family member, this woman had ceased employment, and commenced Self-Employment. Depending on the circumstance she might have retained her status as self employed when you bacame a family member which will help you, should you qualify for Retention of residence.

This brings me to my next question. Was the employment between 2004-2006 lawful. Assuming she was an A8 national, she would have been required to register under the Workers Registration Scheme. Was she registered? or did she work without one and subsequently got a Registration Certificate as a Self-Employed person.

These question are very material to assessing whether or not you will be able to retain right of residence.

If this woman's employment was lawful, that is, within the circumstance i mentioned above, do you have evidence in the form of Payslips or P60 during that period, confirming employment?

[muniz]

shes wasn't register under the workers registration scheme between 2004 to 2006 but she has payslips and p60and p45, end of 2006 shes register as self employed and work till 2008 after she didn't work till now but shes paying tax but not working , my father doesn't have any prove because shes took all payslips and her p60 and p45 and she don't want to help me and my father with retention

[Obie]

What is her nationality? I really should have asked that first.


You need to provide evidence that she was in employment, if you are to get anywhere i am afraid.

However small the evidence.

[muniz]

she's polish citizen

[muniz]

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

[muniz]

please i need some help........ pleaseeeeeee i don't want to go home