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You fill out the same EEA2 form, have a look at it from the UKBA websiteCarling40 wrote:1. What application form do i fill to retain rights?
You will get the same residence card which ridiculously still says "family member" etc but you must ensure you get the correct covering letter which will state that you retain the right to reside despite end of relationshipCarling40 wrote:2. what do i get issued with? another 5yr residence card?
Firstly, remember that for you to retain your right to reside you must have been married for 3 years BEFORE you initiate divorce proceedings. Thus, shouldn't really issue a divorce petition until April 2013. It is still debatable whether one should count 3 years until decree absolute (finalised divorce) or initiation (which SHOULD be the former as one can always change his mind during divorce proceedings), but if you CAN do not issue a petition until 3 years have passed. Also, there may be suggestions from the UKBA that marriage isn't genuine, but there is nothing ILLEGAL in waiting for 3 years rather than earlier if the wife is feeling guilty for wrongdoing and willing to assist. So, don't worry about that. If anything, the real fraudsters would instead wait until at least 6-8 months after 3 years to initiate a divorce, or even wait full 5 years. So, no illegality in delaying divorce proceedings to accommodate one of the parties, you are just taking advantage of what law allows! Many people decide to leave separately for a while to reflect and maybe patch the relationship, so if that doesn't work, they divorce.Carling40 wrote:3. what documents would i need to provide.. i can provide her SA return and NIC contributions, accountant letters stuff going back to april 2010 when we got married and hopefully she would give me the one till when the decree absolute comes which satisfies the treaty rights requirement, and utility bills at our address i believe?,would i need her passport to support the application? her to countersign the application for example
April 2016, unless you remarry a British citizen so no need to even wait extra year. But at this stage I would worry and make sure you retain your right to reside firstCarling40 wrote:4. if i do apply for retention of rights in may/ june 2013 does that mean i have to wait till may/june 2019 ie (5 +1) before i can apply for BC?
or will i be eligible for BC based on my current RC in dec 2016 (5+1)
It's still long ahead, but nevertheless. Once you get the Permanent Residence card, you can do it yourself BUT! You are entitled to PR in April 2015 (the date of marriage counts and not the date on residence card which simply confirms your right) so +1 year, BC in April 2016.Carling40 wrote:5. we are trying to work it out and save our marriage, should we not divorce would i need her support my BC application in dec 2016 (5+1)? and would i need her info like her passport, her SA stuff as well, countersign my BC application?
cheating is certainly no solution and I doubt I would be able to live with my wife should smth like that happen, but I can't tell until it happens, and many people have lived with it as love makes you forgive etc. it's clearly your choice and noone can tell you anyth, just expressing an opinion in my first post.Carling40 wrote:thank you very much for the information mcovet, much appreciated, i can only be a man do the honorable thing and take responsibility when things go wrong, i dont feel cheating is the solution however, i want it to work and we currently seeking counselling so hopefully we get back to being happy.... i would like to ask in relation to question 3, on the eea 2 form there is a section for her to sign and would i have to include her identification details like passport etc and all the SA details as well? am just thinking should we not be able reconcile and save our marriage, i wont want a situation where by she moves on and i need something like passport to accompany the retention of rights application
there are numerous people on here who have had to go through lots of trouble being unable to prove that during the 3 year residence your ex was exercising treaty rights so that you also satisfy the requirement of having been living in accordance with the regulations for 5 continuous years (3 as family member of a qualified person and 2 as retained right person).Carling40 wrote:many thanks for the quick response, its rather unfortunate that they would think going though a divorce is something that ends with both parties ''smiling'' when they can clearly see theres a decree absolute submitted! unfair for them to expect your divorced ex to be ever so "kind" to give you her passport in support of an application! if you know what i mean?, even though she feels bad about it, its her choice at the end of the day to release her supporting docs or not and thats a very uncomfortable feeling knowing that if you know what i mean
steven2010 wrote: Hi mcovet.
I have retained my right and was issued another 5 year following a divorce.however despite having sent my decree absolute,my home office cover letter still says that i depend on my EEA family member and should he leave the UK,so must I.what do i do to have it changed to the correct cover letter e.i EEA family member that retained they right following a divorce.