EEA4 div 06 years marr. HO request spouses EU passport?

[isceon]

can anybody advise on this one :
2000 married EEA member
2001 issued 5 years residence card
2005 petitioned divorce
2006 decree nisi and decree absolute granted
2007 applied EEA4 (retention of residence following divorce )with all required docs
8 months later HO request spouses EU passport and proof of employment at time of divorce What is going on?
Ex would never hand her passport or anything.
I worked and paid taxes for the last 8 years my ex-spouse as well until we divorced . thanks

[isceon]

[

Anyone please John or others

[Morpheo]

I am in the same situation, however, the Home office only requested proof of employment for my ex wife at the time of divorce. luckily, my ex wife agreed to help and provided me with a letter from her employer.


the way I see it,

the directive states:

you have the right to retain your resident permit if you were married for a minimum of 3 years in which one of them you lived together with your ex spouse in the UK.

However, if the EU spouse leaves the UK, she then ceases to exercise the treaty right in consequence the dependent loses the resident permit.

Conclusion:

Divorce before your ex spouse leave the UK = you retain the permit


there is no justification from the HO to request your ex spouse passport , I reckon that you can ignore this one stating that your ex has refused .

however, I suggest to get in touch with your ex and ask for an employment letter or payslips .

I hope this helps

M

[isceon]

Thanks Morpheo I am trying to get in touch with my ex for the employement letter a least.but what if I get a Nooo and go to hell?
I have contacted signpost and here is the reply:
Enquiry posted on
04/08/2008

Enquiry
: Could you please clarify for me what EU regulations states on a case as follow:
2000 married EEA member
2001 issued 5 years residence card
2005 petitioned divorce
2006 decree nisi and decree absolute granted
2007 applied EEA4 (retention of residence following divorce )with all required docs
8 months later HO request EEA spouses passport and proof of employment at time of divorce .Is this the correct approach frome HO?
Ex spouse would never hand her passport or anything.
I worked and paid taxes for the last 8 years my ex-spouse as well until we divorced . thanks



Reply


Thank you for your enquiry.

Under the EU rules on residence as contained in Directive 2004/38 (Article 14), the non-EU former spouse has a right to remain in the EU following dissolution of their union in the following circumstances:

“2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or
(b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen's children; or
(c) this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or
(d) by agreement between the spouses or partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.
Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. 'Sufficient resources' shall be as defined in Article 8(4).â€