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No-EU EX family memeber to apply for permit retention

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

Morpheo
Junior Member
Posts: 84
Joined: Sun Sep 25, 2005 5:35 pm

No-EU EX family memeber to apply for permit retention

Post by Morpheo » Sat Oct 27, 2007 11:46 pm

Hi everybody,

let me start by thanking everybody for the wonderful help that you are offering.

in the June 2004 I got married to an EU person, however, after 3 years our marriage has been dissolved (October 2007). been living in the UK for the whole period of marriage with the Eu spouse

Under Immigration EU law , I am aware that I can retain my residence permit and apply for PR when expires.

My question is: do I have to contact the HO and make them aware of my divorce and get my passport re-endorsed or wait for the 5 years period and then apply for PR?

I've been looking for the right form to use for retention application without success, I guess that a covering letter + passport + decree absolute and prove of work will do.

Could somebody please confirm?

Thanks a lot in advance

M

John
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Location: Birmingham, England

Post by John » Sun Oct 28, 2007 9:59 am

My question is: do I have to contact the HO and make them aware of my divorce and get my passport re-endorsed or wait for the 5 years period and then apply for PR?
No need to contact them now. Just apply on form EEA4 near the end of your current Residence Card.

But given that is in 2009, do check then which form you should use. I make that comment because the current version of the EEA4 really does not cope well with your circumstance, and it is possible in the next 2 years that a separate form might have emerged.
John

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 8:14 pm

Re: No-EU EX family memeber to apply for permit retention

Post by thsths » Sun Oct 28, 2007 12:52 pm

Morpheo wrote:in the June 2004 I got married to an EU person, however, after 3 years our marriage has been dissolved (October 2007). been living in the UK for the whole period of marriage with the Eu spouse

Under Immigration EU law , I am aware that I can retain my residence permit and apply for PR when expires.

My question is: do I have to contact the HO and make them aware of my divorce and get my passport re-endorsed or wait for the 5 years period and then apply for PR?
You do not need to do anything for the retention: your current residence card remains valid. But it might be necessary to inform the HO, since this is a significant change of your circumstances. Just write them a letter, and send it as "signed for".

You should have a look what kind of documents you will need to apply for PR. Maybe you have to proof that your spouse was working while you were married, in which case certified copies of the tax returns would be a good idea (and of her passport and residence permit).
Last edited by thsths on Sun Oct 28, 2007 5:33 pm, edited 1 time in total.

Morpheo
Junior Member
Posts: 84
Joined: Sun Sep 25, 2005 5:35 pm

Post by Morpheo » Sun Oct 28, 2007 1:05 pm

Hi John,

Thank you very much for you help.
The letter that I received when applied mentioned to contact the HO if my circumstances as a family EU member do change; however, this was before the new EU directive.

I also do find that the border immigration staff are a bit ignorant and not updated with new rules. implaying that whenever I come back from a trip they ask questions about the whereabouts of my ex-wife and I'm a bit concerned that if I mention that I'm divorced they will holding me for a while.

to avoid this situation, do you think that it will be reasonable for me to contacting the HO so they can update my status or get a new endorsement reflecting the later.

Thanks a lot in advance

Docterror
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Location: Stoke-on-trent, UK

Post by Docterror » Mon Oct 29, 2007 9:51 am

The HO still issues letters stating the same even now after the changes by directive have taken effect. While there is no obligation to mention it to the HO according to the Directive and the Regulation, I concur with thsths that the best thing might be to send a recorded mail to the HO stating that your situation has changed giving importance to the fact that you have indeed retained the right of residence according to the Regulations.
Jabi

Morpheo
Junior Member
Posts: 84
Joined: Sun Sep 25, 2005 5:35 pm

Update

Post by Morpheo » Mon Jun 16, 2008 12:14 pm

After following the advice of this board and notified the HO of my divorce (sending a covering letter and copy of the decree absolute)

in May 2008 (7 months later), I received a letter from the HO asking me to provide the following:

- my current passport
- original decree absolute
- proof of employment (letter from employer, 3 months payslips and bank statements)
- proof that my ex spouse and I lived together in the UK for at least 1 year

- proof that my ex spouse still lives in the UK or provide the date of departure

- 2 passport size photographs


I agree with all the above documents expect for the proof of my ex still lives in the UK. how the hell would I be able to provide this? and is it NOT against the data protection act if I try to request this data?

does anybody know why the 2 photos ares needed as well?

I've sent everything expect the proof of the whereabout of my ex, I know she still lives in the UK but I am afraid that I can't prove it.

any comments?

M

thsths
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Re: Update

Post by thsths » Mon Jun 16, 2008 3:53 pm

Morpheo wrote:- proof that my ex spouse still lives in the UK or provide the date of departure

...

I agree with all the above documents expect for the proof of my ex still lives in the UK. how the hell would I be able to provide this? and is it NOT against the data protection act if I try to request this data?
You need to prove that you have lived in the UK under EU law for at least 1 year, and that requires that your spouse was a resident. So you will need to prove this. Usually this would be part of the divorce negotiations, I guess.
I've sent everything expect the proof of the whereabout of my ex, I know she still lives in the UK but I am afraid that I can't prove it.
I guess you have to ask her to help. Or do you have any shared bills from the time you were together? That would also do.

Tom

Morpheo
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Post by Morpheo » Mon Jun 16, 2008 5:05 pm

Hi thsths,

Thanks for your response,

As state in mt previous post, the HO office is requesting evidence that my ex and I have lived together in the UK for at least 1 year - no problem with that and I have sent them bills reflecting this -

However, they are also requesting evidence that my ex is still currently in the UK - Now this is a problem, because my wife and I have taken different paths since the divorce.-

the 1 year evidence is justified according to the regulations, however, my ex current status is not at all.

T

JA13I
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Location: Stoke-on-Trent

Post by JA13I » Wed Jun 18, 2008 11:34 pm

Morpheo, you are not required under the EU law to provide proof that the EU national is still hanging around.

Or why don't you do it my way and provide a date of departure. Let them prove that your partner is in the country if they know!
Jabi

Morpheo
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Post by Morpheo » Wed Jul 23, 2008 9:33 am

Home office came back with another request:

they need proof that my ex wife was exercising her treaty right at the time when the divorce was given (September 2007)

for this the HO office is requesting either my ex wife payslips covering the September/October period or a letter from her employer confirming it

I am afraid that I will have no choice but contact my ex :(

M

Morpheo
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Post by Morpheo » Wed Aug 06, 2008 6:49 pm

I am pleased to say that my ex wife agreed to help and provided me with a letter from her employer.

let wait and see what is next.

M

bebe2
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Post by bebe2 » Thu Aug 07, 2008 10:04 am

hi what if your ex has left the country ?
hi

Morpheo
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Post by Morpheo » Thu Aug 07, 2008 7:28 pm

Well, it could be that or if the ex spouse doesn't want to collaborate.
either case will inform the HO that it was impossible to get the requested information .


I read the directive and I couldn't find anything stating that evidence of ex spouse exercising the treaty at the time of divorce should be given.

M

Morpheo
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Post by Morpheo » Mon Oct 20, 2008 10:11 am

Hi all,

For your information and for future potential applicants, who are or will be in my very same situation.

It seems that it is necessary to show the status of your Ex at the time of divorce , hence you will need to send proof that your ex was exercising the treaty right at the time of divorce.

I was lucky enough that my ex accepted to help and provided me with the required documents.

I submitted the documents to the HO and requested my passport back for an urgent travel matter..

To my surprise, when I got back, I found a post back from the HO with all my documents and a resident permit stamp in an A4 sheet.

However, the resident card is in the form of the new resident permit for 5 years (sticker with photo).

What puzzles me is that the status still shows that I am a family member of an EEA and there is no mention of "retention of the residence permit".

In the other hand the covering letter: is the same as the standard one sent to people who are applying for the first time.

The letter states that I am a dependant of an EEA member and that I will cease to have the right of residence if my sponsor leaves the country or cease to exercise the treat right :). I reckon that the case worker didn't bother to write a new letter.

Anyways, my PR is due in May 2009, therefore, I shall submit a new application hoping that the next time it will be much quicker.

M

Ben
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Post by Ben » Mon Oct 20, 2008 11:13 am

Morpheo,

Thanks for continually updating us on your case. It's great that you are doing this, as some wouldn't bother.

Do let us know if any changes occur, and in May 2009 also.

Thanks! :)
I am no longer posting publicly on this website - PM me if needed.

bebe2
Member
Posts: 189
Joined: Fri Jul 25, 2008 4:08 pm

do eu pr reguire life in the uk test

Post by bebe2 » Mon Oct 20, 2008 11:40 am

hi all
i just submitted my pr to my lawyer and she said there was no need to give the ho my life in the uk test result bcos i was an eu dependant.
any ideas?
hi

jude
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Location: Reading

congratulation

Post by jude » Mon Oct 20, 2008 10:12 pm

Morpheo Thanks very much for that 8) Man you are a star. so you just need to show ur passport and proof that ur spouse was doing something at the end of the devorce or more? I also have a question , I marraige to my spouse EEA and got 5 year of residence but after couple of year , the marraige is not working so we decided to live apart and now I am inlove with my new EEA spouse and we want to get marraige what do you think i should do? Can i get devorce and marraige to my new spouse here? or Will I lose my right to live here ? please i need some information from all of you .
hallo

juicybiscuit
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Post by juicybiscuit » Thu Nov 06, 2008 10:08 pm

Morpheo, this seems really odd as what you've basically got is the same as you had before - residence for the 5 year period.

I can't understand how they can state that you are dependent on a family member who you are no longer married to. Maybe it is a case though of sloppy work on the HO part with them not putting in a correct letter.

Either way I really wouldn't be happy if I got the same thing back. The whole point of me applying for this new visa after divorcing is that I don't want to be dependent on an ex husband (and how can they expect you to be?). I have had to explain my situation many times to ignorant immigration people at airports and the thought of trying to explain a situation like this to them whenever I enter the country after going though a long and tiring process of application just really freaks me out.

beauty66
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Location: surrey

Post by beauty66 » Fri Nov 07, 2008 12:18 am

I got similar situation. I was with my hubby since 04. He is French and I'm Thai. He refused to sign any necessary document to the HO. He is controlling and extremely jealous. I was not allowed to have contact with anyone. I can't travel at all cos I don't have a residence card. I'm now divorcing him and we live separately. He told me that I does not want to divorce me and he won't sign the divorce document. I lived with him for years but has no evidence of living together. He pays the rent. We didn't even have a join account. I have nothing to proof to the HO apart from the marriage cert.

I've been advised that after divorce, I can apply for a RC. What if the HO want some evidence of living together or want any doc from the hubby (I'm sure that he will refuse to help me. Please help!!!!!

Morpheo
Junior Member
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Joined: Sun Sep 25, 2005 5:35 pm

Post by Morpheo » Tue Apr 28, 2009 12:25 pm

Hi all,

I'm adding more information about my case..

In March 2009 I complained to the HO via email about issuing the wrong viniette and vague letter about being dependant to a EU member.

2 weeks later, I received post from the HO enclosing 2 letters: the first one was an apology about the confusion and explaning that they haven't got viniettes that reflect my new status hence they used the resident card.

However they issued a new letter reflecting that I have retained the right of residence after divorce and I'm entitled to the same right as a Eu resident exercising the treaty right and the HO should be notified if I cease to exercise this right.

In April, I traveled abroad and when returning to the UK, the immigration officer started to ask questions about my ex but I mentioned that I was divorced and not a dependent to a EU member. I then showed him the letter and he was satisfied.

I believe since the new vinniete is for 5 years, I won't be applying for the PR but I will wait another year and apply directly for the British citizenship.

I also believe that I'm entitled to get any dependent to join me under the EU rules and if I get married again or willing to get my parents (financially dependents) to join me, I still can apply via the EU law; could someone please confirm?

M

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