Residence retention after divorcing an EEA (advice plz)

mzenzen · Post by **mzenzen** » Mon Aug 03, 2009 12:38 am

hi everyone,

i'm an non-EEA, been married for 2 years and 11 months, i wanted to know if the 3 years thing should be exactly 3 years, and if the divorce petition is sent 20 days before the completion of 3 years, would i still be able to qualify for retention of residency?????

my 2nd question is, i'm sure my wife will not be cooperating in the future and provide me with any documents, so i'm thinking to make copies or even take original documents of what i need as long as we are still in the same house, this way i have them already, but i want to know what documents do i need to proove that we lived together in the last 2 years that we have been in the uk, as before that we ere in germany.. so please if anyone knows what kind of document would the HO request, let me know.

3rd question is, is it possible to marry right after the decree absolute of the divorce is given? or would they complicate things again??

my last question is, in septembre i'm starting my final year in uni, and i suppose the divorce would be completre by febuary, so when i apply for retention, i will be still a student working part-time, do i need to be working full time?? or what if i dont apply immediately, and wait like 3 or 4 months after the decree absolute?? would that creat me any problems???

please, if anyone could help with any advice or clarification, that would be great, as i have no idea what will be next!!!

thx a lot

Post by **vinny** » Mon Aug 03, 2009 2:15 am

See also 6. Retaining a Right of Residence.

mzenzen · Post by **mzenzen** » Mon Aug 10, 2009 1:31 pm

thx for the answer.. but that does still not answer my questions.. anyone who could help guys??

kira1 · Post by **kira1** » Tue Aug 11, 2009 10:41 am

i just recieve pr after divorce, try and get all the payslips and employment letter u can get.

remain friends with her as you will need her payslips for the month the divorce was finalised.

as long as u r doing something schooling , or working thats fine.
it her that matter most becos u r under her if she stops working then u have a problem.

as for remarrying depends on who, and you may need a coa or you could wait till u get ur pr then you shud be fine.

mego_1980 · Post by **mego_1980** » Tue Aug 11, 2009 11:03 am

Congratulaion Kira,

could you give us some more information and dates about your case ? is she ( your ex wife) was working or studying? Did HO require papers for employment during marriage time or during divorce time?

thanks

ciaramc · Post by **ciaramc** » Tue Aug 11, 2009 2:01 pm

If you have a search of the forum you will see many people just like your self....but it does state that you should be married 3 years with at least one year in the UK as a married couple? I'm sure that you have to hit the 3 year mark!

I'm sure studying is ok but you will need proof of your spouses work history while living together within the UK....and some from Germany shouldn't do any harm!

Do you not think it's a bit early to be thinking about marrying again? You aren't even divorced? Also as stated above depends of where the person if from, what visa they hold etc etc etc.....

datuchi · Post by **datuchi** » Tue Aug 11, 2009 8:05 pm

You can clearly start the petition, it will be ok for you since it takes up to 6 months, and until decree absolute is issued, you're technically married and can change your mind at any time. I don't remember the case, but that is it. I am not sure, but you can ignore the provision 6 of the link, you derive your rights directly from the Directive, so don't worry about that.
Don't take any originals off her, it's stealing. Just photocopy them at the solicitors if you can and certify them as such. This is not a biggie, but helps. As regards you getting married... YES you can (Barack Obama), you will need to apply for a Certificate of Approval to the UKBA, which is free now and once you get that, you know what to do next. You will have retained the right of residence here if your wife was exercising her treaty rights in the uk. That could be either working, or being self-sufficient through you. If you have bills for the past year in both names, or even in hers only, make sure you keep them, or photocopies so to prove you spent 1 year in this country.

As regards you being a student... hey, it doesn't matter, I'm not sure if you need to be working at all, but as long you have a part time job and even the most basic income, that classifies as enough. Moreover, MAKE SURE you get the comprehensive sickness insurance, that is another requirement.
You don't have ANYTHING to worry about, they can SCUK you off

))

Post by **Obie** » Tue Aug 11, 2009 8:42 pm

datuchi wrote:You can clearly start the petition, it will be ok for you since it takes up to 6 months, and until decree absolute is issued, you're technically married and can change your mind at any time. I don't remember the case, but that is it. I am not sure, but you can ignore the provision 6 of the link, you derive your rights directly from the Directive, so don't worry about that.
Don't take any originals off her, it's stealing. Just photocopy them at the solicitors if you can and certify them as such. This is not a biggie, but helps. As regards you getting married... YES you can (Barack Obama), you will need to apply for a Certificate of Approval to the UKBA, which is free now and once you get that, you know what to do next. You will have retained the right of residence here if your wife was exercising her treaty rights in the uk. That could be either working, or being self-sufficient through you. If you have bills for the past year in both names, or even in hers only, make sure you keep them, or photocopies so to prove you spent 1 year in this country.

As regards you being a student... hey, it doesn't matter, I'm not sure if you need to be working at all, but as long you have a part time job and even the most basic income, that classifies as enough. Moreover, MAKE SURE you get the comprehensive sickness insurance, that is another requirement.
You don't have ANYTHING to worry about, they can SCUK you off ))

I will not be so confident if i were you. Even though the directive states otherwise, the HO require him to have evidence that his wife was exercising treaty rights up to the time the decree absolute was issued.

He would also need to provide evidence, if he is a student that he has adequate resource not to become a burden on state resource.

Therefore i don't think him treating his wife in an unreasonable way, and taking her paperwork unbeknown to her, and thinking about another woman whiles still married to her is a clever move.

You will need her support up to the last minute, as things stand with the HO illegal interpretation of the law. Except if you would like to fight it all the way.

jude · Post by **jude** » Tue Aug 11, 2009 10:22 pm

thanks for the useful information Obie and others . I have finally divorce from my EEA partner and just to find out what document do you guys think I may have to sent it to them , I do not have proof that she was working for the whole 3 years because she wanted to finish her A level in france but she was still registed here because she was here all the time with me but unfortunaley this year she came to live and she was working and we had problem all the time and end the marraige so the only proof I may have is bills and proof that she was working during the time of divorce and she is still working now . do you think that will help?

mzenzen · Post by **mzenzen** » Wed Aug 12, 2009 11:39 am

really useful information.. so thank you all..

to explain more, my wife has been working as a full time worker since we moved to the uk, so proving that wouldn't be a problem, but i dont expect her to be supportive after that we get divorced, that is why i thought i taking all original documents if necessary, but if a certified copy would do, that's fine then

but do u guys know how many documents those are? tons and tons, payslips, bills, letter from her company and and.. is it gonna cost me a fortune to certify them? i hope not lol..
as for if i get married again, that would be with a british citizen.. but this is the point i didnt understand yet, does me remarying is based on the fact that i get the pr first, or i can even marry before getting the pr??

thx a lot again..

kira1 · Post by **kira1** » Wed Aug 12, 2009 8:54 pm

hi guys, my case

married may 2003
rc dec 2003
decree nissi oct 2008
applied for pr nov 2008, submitted
4 of my p60
electoral registration papers for 3yr that we lived together
2 of his p60 as that was all i could find
joint savings bank account statement
decree nissi

i complained to my mp on the 12th of june as it was taking ho too long to
answer my app. ho told my mp that i will hear from them within a month.

on the 9th of july ho stamped my passport with pr.
i was never requested to bring more documents even my decree aabsolute was never askedof by ho.

mzenzen · Post by **mzenzen** » Tue Aug 25, 2009 1:19 am

guys, i need a little advice in here..

got married with an EEA on the 06-0e9-2006 the date on the divorce petition that was sent is the 24-08-2009 which makes it 2 year 11 months and 18 days.. so 3 years less 12 days!!!!! how would that affect my application for the residence retention after divorcing an EEA national??????????????????

Post by **Obie** » Tue Aug 25, 2009 2:05 am

You should stick to your thread and better information will be provided to you on it, rather than putting your questions on multiple thread.

It also prevent duplications.

In regards to your question, please read Page 23-24 of this instruction.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Residence retention after divorcing an EEA (advice plz)

Residence retention after divorcing an EEA (advice plz)

thx

Any Help

thanks a lot guys