Retained Right of Residence

Hello Everyone,

Iam a Non-EEA National (US Citizen) residing in the UK on a 5 Year EEA Family Residence permit. Unfortunately my Dutch wife and i have decided to go our separate ways. We got married in the USA 3 years ago and would like to seek a divorce. Fortunately for us we are both on amicable terms and my wife has agreed to give me the necessary documents to assist me with my application for a Retained Right of Residence permit. We still live together but she plans on returning to Holland in the near future and i also wanted to go back to the USA temporarily. My question is does it matter where we start our divorce process USA or UK. We both thought it would be better to do it stateside as its quicker and cheaper.. Also what documents are required for the application, I know we have to submit our Marriage Certificate, Divorce certificate, Passports/ID, Proof of Residency at least 1year, Health Insurance Cards (We applied based on Self-sufficiency), Banks Statements. Is there anything we are missing out? Many thanks in advance.

jgharleston wrote:Hello Everyone,

Iam a Non-EEA National (US Citizen) residing in the UK on a 5 Year EEA Family Residence permit. Unfortunately my Dutch wife and i have decided to go our separate ways. We got married in the USA 3 years ago and would like to seek a divorce. Fortunately for us we are both on amicable terms and my wife has agreed to give me the necessary documents to assist me with my application for a Retained Right of Residence permit. We still live together but she plans on returning to Holland in the near future and i also wanted to go back to the USA temporarily. My question is does it matter where we start our divorce process USA or UK. We both thought it would be better to do it stateside as its quicker and cheaper.. Also what documents are required for the application, I know we have to submit our Marriage Certificate, Divorce certificate, Passports/ID, Proof of Residency at least 1year, Health Insurance Cards (We applied based on Self-sufficiency), Banks Statements. Is there anything we are missing out? Many thanks in advance.

Be careful here. My understanding is RoR will fail if divorce occurs abroad (outside UK) or one party leaves UK before it is finalised.

Thank you i have contacted the Home office on 3 different occasions regarding this and they state the place of divorce doesn't matter. The divorce decree just needs to be in english and you should be married for at least three years

The people you spoke to they are not caseworker the information given to you is not right.

If you know that you don't need any residency from UK both of you may go anywhere to start your divorce proceedings. But if you still need ROR from UK your EU has to be here in UK to sign or challenge your petition over divorce , so technically that's what the law says as you both live in UK and your wife is exercise her treaty right at time of divorce

If you divorce abroad I can garantee you it will fail.
Please don't.
Good luck