Divorce and retention of rights

[Amarula]

Hello

As I have written here in some earlier thread, I am having a communication breakdown with my EU spouse of 3.5 years so he is not being cooperative with me in order that i could make an application to Home Office for Residence Card. He is in UK busy working through his own company, however he doesn't want to help me and provide evidence of this - without directly saying no it just doesn't look like he's going to give it.

Another problem is that he changed his name by deed poll and now has a new passport issued by his embassy in London. Home office has seen only his old one with different spelling of his name.

So looks like I am going to have to arrange a divorce and apply for full financial disclosure etc.

My question is this - if anyone had the experience is this possible to use that information obtained by divorce solicitor in my subsequent application for retention of rights? Or perhaps is there a legal procedure to request confirmation of his ID/ business details as part of divorce negotiations? Would HO accept evidence from my solicitor about his financial affairs and identity?

Thank you

[Miraiza]

Hello

As I have written here in some earlier thread, I am having a communication breakdown with my EU spouse of 3.5 years so he is not being cooperative with me in order that i could make an application to Home Office for Residence Card. He is in UK busy working through his own company, however he doesn't want to help me and provide evidence of this - without directly saying no it just doesn't look like he's going to give it.

Another problem is that he changed his name by deed poll and now has a new passport issued by his embassy in London. Home office has seen only his old one with different spelling of his name.

So looks like I am going to have to arrange a divorce and apply for full financial disclosure etc.

My question is this - if anyone had the experience is this possible to use that information obtained by divorce solicitor in my subsequent application for retention of rights? Or perhaps is there a legal procedure to request confirmation of his ID/ business details as part of divorce negotiations? Would HO accept evidence from my solicitor about his financial affairs and identity?

Thank you

Absolutely, the solicitor should be able to tell you anyways. Also if you have any documents during the period of your marriage, I'd advice to send it to the home office with your application.

[Obie]

If you have the decree absolute, evidence the marriage lasted for at least 3 year including at least one of those years spent in the UK, I will suggest you apply, and if they reject, and the matter goes to tribunal, i will offer you assistance if you require one.

There is a case on this currently at the Upper Tribunal, which the judges are contemplating referring to the CJEU. The UKBA dont want this as they are seeking to maintain the status quo. Therefore they want to appease all the appeallant in this cases by granting residency and preventing a precedent being established.

[Amarula]

Thanks

I will serve the petition soon, hopefully within the next couple of weeks, so I don't have decree absolute yet or anything.

The thing is if he doesn't want to give any papers now then he won't give it to solicitor and will just ignore the request, so I will have to apply to court for form E for his financial details which hopefully he won't be able to ignore and even then I won't have the evidence on my hands, only the court will have it, so I don't know then if I will only be able to submit only that form to Home Office plus documents from Companies House. No new ID (in the new name) either.


Obie, I will take you up on your offer if it all goes wrong! )