EEA4 with estranged ex

Trying to help a friend with their situation and must admit to being out of my depth...

She is a none EEA who originally came into the UK as the wife of an EEA national. She separated from him amicably originally (after 7 years of marriage of which 2.5 in the UK).

Their divorce was initiated by her a few months ago but is still going through the process. She has now been in the UK for 5 years but her temporary visa will run out in Jan.

Her ex had been supporting her through doing the EEA4 application process (as she was helping him do his EEA3) and so she has some documents (5 years of his back accounts, some of his previous employers stuff etc) however now they have fallen out and he is no longer cooperating.

She is therefore without the last month bank statement, payslips or letter from current employer nor his proof of ID (other than a colour photocopy of his passport and the spanish "book of family" as they had originally lived in Spain)

What, if any, are the routes forward if the EEA continues to be obstructive and refuses to give any assistance?

Unfortunately, you friend cannot use EEA4 as she has not been in the UK , with the EEA national, under community law and as a person who has retained rights of residence for 5 Years.

Besides she cannot do much at present until the Decree absolute has been passed, and after that, she can't use EEA 4, she will have to write a letter to HO notifying them of her situation.

Obie wrote:Unfortunately, you friend cannot use EEA4 as she has not been in the UK , with the EEA national, under community law and as a person who has retained rights of residence for 5 Years.

Besides she cannot do much at present until the Decree absolute has been passed, and after that, she can't use EEA 4, she will have to write a letter to HO notifying them of her situation.

Thanks for the quick response but I am a little confused by the comments.

My understanding was that rights were retained if you were married to an EEA for at least 3 years and were in the host country for at least 1 year before the breakdown of the relationship.

She was married for 7 years (with him for 8 in total) and were together as a married couple in the UK for 2.5-3 years. Therefore when she broke up with him she retained her rights under her existing visa (temp visa for 5 years issued 6 months after entering the country to expire Jan 2011). Now having been in the country for over 5 years she could apply for PR.

Which part of my understanding is wrong?

As to the decree absolute, if that makes life easier it can be held off as the time has already passed since the decree nisi was passed so she could apply any day for the absolute

Your friend has to have been in the UK under EU law for 5 years to qualify for PR and the aforementioned period cannot comprise other immigration categories.

At present she only qualifies to retain her rights of residence in the UK.

You can check my reply on a thread titled:
Eea application without exwife cooperation

Plum70 wrote:Your friend has to have been in the UK under EU law for 5 years to qualify for PR and the aforementioned period cannot comprise other immigration categories.

At present she only qualifies to retain her rights of residence in the UK.

What other law has she been under? Entered as wife of EEA and stayed as family of EEA?

If you say she can retain the rights of residency but not apply for PR at this point as it was 2.5 years as wife and 2.5 years as separated wife what does she do to get her visa extended?

Guerro wrote:You can check my reply on a thread titled:
Eea application without exwife cooperation

Many thanks for the reply. She can prove most of his employment via the bank statements he already gave her and I am sure something can be worked out for getting a letter or equiv for the last couple of months.

The issue I thought was more around the proof of ID for her ex as all she has in terms of "legal documents" is a photocopy of a passport and the spanish "family book" but nothing else that would normally be considered proof of ID -v- proof of address (for which she has lots)

Hi Friendinneed

Your friend cannot make any application until the divorce goes through( as stated by Obie....) When the decree absolute is granted she will have to apply (using EEA2 form)or write to the H/O informing them of her divorce (retention of her rights to residency)and only then will they write back requesting for documentation. Nothing can be done until then.

M

Mary1 wrote:Hi Friendinneed

Your friend cannot make any application until the divorce goes through( as stated by Obie....) When the decree absolute is granted she will have to apply (using EEA2 form)or write to the H/O informing them of her divorce (retention of her rights to residency)and only then will they write back requesting for documentation. Nothing can be done until then.

M

Thanks for the reply Mary. Once she writes to the HO what happens after that? She is just v worried her current visa runs out in Jan 11