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Hello everyone. This board has always been helpful and I am so grateful. Need an advice please guys.

I got divorced after 4 years of marriage to an EEA citizen.
I have following documents of my ex-spouse in hand, do you think my application is ready?

-National ID
-Payslips (Latest, going back 6 months)
-As a proof of living together, all the utility bills and tenancy was only in my name. So I only have few letters from bank and Amazon in my ex-wife's name. Are these letters admissible?

I have all the documents of mine but above mentioned are the only documents my ex-wife has provided. I don't think she will go out of her way to help me.
Do you think my application is ready to be sent or I should make efforts to gather more? Do I have to prove my ex-wife has been working for last 4 years or just 6 months are enough? Also, she is not willing to provide bank statements.
Also, are these applications straightforward or do you recommend getting a lawyer?

Thank you all. Looking forward to hear from you.

dhruv_ wrote:Hello everyone. This board has always been helpful and I am so grateful. Need an advice please guys.

I got divorced after 4 years of marriage to an EEA citizen.
I have following documents of my ex-spouse in hand, do you think my application is ready?

-National ID
-Payslips (Latest, going back 6 months)
-As a proof of living together, all the utility bills and tenancy was only in my name. So I only have few letters from bank and Amazon in my ex-wife's name. Are these letters admissible?

I have all the documents of mine but above mentioned are the only documents my ex-wife has provided. I don't think she will go out of her way to help me.
Do you think my application is ready to be sent or I should make efforts to gather more? Do I have to prove my ex-wife has been working for last 4 years or just 6 months are enough? Also, she is not willing to provide bank statements.
Also, are these applications straightforward or do you recommend getting a lawyer?

Thank you all. Looking forward to hear from you.

I don't understand your reference to "6 months" - what does that period represent?

My understanding is you will need to show evidence of your relationship too;
also evidence of your sponsor(/ex-spouse) exercising treaty rights in UK whilst you both were married (& in UK).

See HO guidance on this critical & challenging matter:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- for example, see pages 15, 27

Also see page 31+ which explains what can be done if there is evidence missing.

Thank you for your reply.

By 6 months, I meant payslips for during the period of divorce proceedings and immediate 6 months before that. Is that enough to prove she is exercising treaty rights?
What documents can I show to prove relationship apart from letters being sent to same address?

Thank you

Thank you for your reply.

By 6 months, I meant payslips for during the period of divorce proceedings and immediate 6 months before that. Is that enough to prove she is exercising treaty rights?
What documents can I show to prove relationship apart from letters being sent to same address?

Thank you

dhruv_ wrote:Thank you for your reply.

By 6 months, I meant payslips for during the period of divorce proceedings and immediate 6 months before that. Is that enough to prove she is exercising treaty rights?
What documents can I show to prove relationship apart from letters being sent to same address?

Thank you

My understanding is you will need evidence of sponsor/spouse exercising treaty rights since you married/came to UK (whichever is later) up until time of divorce.

Evidence of relationship will include marriage certificate.

For Retention of Residence only treaty rights at the time of divorce will be necessary and nothing else.

The greatest advice for you in detail will be to try as much as you can to get all her treaty right through out the time you're married to her until divorce. That will show how you're fully qualify for ROR. If you can get some photographs of both of you during relationship that will add some merit to your application as well.

If you are unable to get more documents try and push the remaining responsibilities to the HO to check all her working history from HMRC and you have to list where you knew she's been working through out your relationship by writing that she doesn't want to give out her documents to you and sign it.

Lastly, I will huge you to use a lawyer who understand EU law especially ROR as it's a little bit complex and also you don't have many paperwork. Noajthan has advice you in details as well so play smart br.

Good luck.

Thank you so much for your input guys. I appreciate it.
I will provide ukba more evidence in this case.

Does this board allow you to recommend a lawyer? If yes, do you know any lawyer who is good in such cases. In the end I will have all the documents available but I don't know what lawyer is specialised in EU cases.

Thanks.

The issue of Lawyer is your responsibility am afraid. But with little understand you have now I believed you should be able to know if any Lawyer is not making sense in front of you.

You may also let us know whatever your Lawyer say if you find one then we can tell you if he knows what is doing or not. You don't need your ex ID to submit your application anyway.

All you need are the treaty right,your passport,proof of relationship, divorce certificate,evidence that you're/has been working. With all these you will be fine.

Thanks for the reply. I will post the updates here when I speak to the lawyer.
I think I will have all the documents apart from bank statements of my ex-wife. If those are not essential, I will go ahead with the application process.

Thanks again!

Was she self employed? Do you have Sa302 or P60 for her.

Bank statement is mostly relevant in self employed cases

She was not self employed. She was employed. I have P60s and payslips for her.
Does that mean bank statements are not essential?

Thank you

dhruv_ wrote:Thanks for the reply. I will post the updates here when I speak to the lawyer.
I think I will have all the documents apart from bank statements of my ex-wife. If those are not essential, I will go ahead with the application process.

Thanks again!

Hello ,just I am in same shoes as well ,wife is self employed and I have all national insurance contribution and also registered her business on yell.com ,how do I prove she is self employed till after the decree of absoulte is out.i do have proof of address as well and invoices of her work as self employed.

Kuzelee

You will need current self employments account and business transaction receipts will proof your ex is working till you received your decree absolute.

Wise wrote:Kuzelee

You will need current self employments account and business transaction receipts will proof your ex is working till you received your decree absolute.

Thanks for ur response pls what do u mean by self employment account,is it the bank statement transaction or the profit and loss account .

Both should be fine if you can get it.

Wise wrote:Both should be fine if you can get it.

Just an advice for me bro,i can't get hold of my ex self employment bank account but I do have all her invoices and also the profit and loss trading account ,so do u think it will a big issue if I don't supply the bank account