ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

EEA family member and divorce

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
vicky80
Newly Registered
Posts: 9
Joined: Sat Oct 23, 2010 9:37 pm

EEA family member and divorce

Post by vicky80 » Sat Oct 23, 2010 9:44 pm

I am currently in the UK on an EEA family member visa through my spouse. I have read that in the case of marriage break down I can retain the right of residency if I am self sufficient and have been married for more than 3 years with one of those being in the UK. We were married and residing in the UK for one year before we separated, we have been separated for two and a half years and both living and working in the UK (3.5 years total). We have just started divorce proceedings. I have a copy of a tenancy agreement with both of our names on and a letters from both of our employers stating that we are currently working here. Can I apply for the right of residency with this information? Does the fact that we haven’t been living together for the last two and a half years have any bearing on the outcome of my application.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat Oct 23, 2010 11:18 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vicky80
Newly Registered
Posts: 9
Joined: Sat Oct 23, 2010 9:37 pm

Post by vicky80 » Sun Oct 24, 2010 10:28 am

Thank you Vinny. My understanding from reading through this information is that I would be able to retain my right to reside in the UK under my current visa but not apply for permanent residency. This is based on the fact that my marriage has lasted over 3 years (up until the commencement of divorce proceedings) and both my husband and myself have resided in the UK for over one year of that time. Cohabitation does not seem to be a requirement unless you are applying for permanent residency. Is this correct?

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sun Oct 24, 2010 11:48 am

Confirmation of PR, without cohabitation, under 15(f) is possible.

[quote="OA (EEA - retained right of residence) Nigeria (Rev 1) [2010] UKAIT 00003 (17 February 2010)"]33. ... Unlike reg 15(1)(b), reg 15(f)(i) does not of course require that the appellant has “resided withâ€
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vicky80
Newly Registered
Posts: 9
Joined: Sat Oct 23, 2010 9:37 pm

Post by vicky80 » Sun Oct 24, 2010 8:20 pm

OK, so essentially retaining my right of residence basically means my current EEA family visa will not be revoked? What form will I need to fill out and what evidence should I provide to the home office? I plan to supply our marriage certificate, decree absolute of divorce, a copy of a UK tenancy agreement with both of our names on from when we first moved in together (3.5 years ago), a letter from each of our employers stating we are both currently working in the UK and my passport. Is there anything else I have to provide? I have also read that you may have to prove that the marriage was not a marriage of convenience. I believe this was proven when I applied for my EEA family member visa by sending in photos ect. Should I send more photos or anything else to help prove it was not a marriage of convenience? Are there any documents I should source to strengthen my case?

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Post by bobobo » Mon Oct 25, 2010 9:32 am

Just send the HO a letter explaining the circumstances with the following essential docs:
Decree Absolute
Proof of co-Habitation (Atleast for a year)
Marriage Certificate
Proof of Divorce initiation
Proof that EEA national was exercising rights during their period of stay in UK.
Proof of them exercising treaty rights DURING DIVORCE i.e. from initiation until grant of decree absolute (VERY IMPORTANT)
Proof of what u have been doing here e.g. studying,working etc..

Send it to the addess mentioned on the EEA2 Form which you can find from the UKBA website.

vicky80
Newly Registered
Posts: 9
Joined: Sat Oct 23, 2010 9:37 pm

Post by vicky80 » Mon Oct 25, 2010 9:58 am

Just out of interest bobobo when (approximately) did you apply and how long did the process take? It seems like you just send every piece of paper you can find. A bit of a pain as you shouldn’t have to prove some of these things according to the case law above.

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Post by bobobo » Mon Oct 25, 2010 10:15 am

Sent everything in middle of Feb and got RC dated mid Aug.
Also the Ho didnt contact me for any further information. so it was hassle free.
vicky80 wrote:Just out of interest bobobo when (approximately) did you apply and how long did the process take? It seems like you just send every piece of paper you can find. A bit of a pain as you shouldn’t have to prove some of these things according to the case law above.

Mary1
Junior Member
Posts: 76
Joined: Mon Oct 27, 2008 9:24 pm

Post by Mary1 » Mon Oct 25, 2010 5:44 pm

Hi vicky80
A bit of a pain as you shouldn’t have to prove some of these things according to the case law above.
Yes indeed but include everything as stated by bobobo to avoid any problems. Good luck

M

mcovet
BANNED
Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Post by mcovet » Tue Oct 26, 2010 9:04 am

what if the eea national has already got the doc certifying permanent residence?
does non-eea still have to send anything apart from that to prove the exercise of treaty rights by eea during the period?

it would save the hassle etc. plus, non-eea will have to send this a 3rd time after confirming he retained right of residence- i.e. when applying for PR himself!


bobobo wrote:Just send the HO a letter explaining the circumstances with the following essential docs:
Decree Absolute
Proof of co-Habitation (Atleast for a year)
Marriage Certificate
Proof of Divorce initiation
Proof that EEA national was exercising rights during their period of stay in UK.
Proof of them exercising treaty rights DURING DIVORCE i.e. from initiation until grant of decree absolute (VERY IMPORTANT)
Proof of what u have been doing here e.g. studying,working etc..

Send it to the addess mentioned on the EEA2 Form which you can find from the UKBA website.

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Post by bobobo » Tue Oct 26, 2010 10:21 am

You would still need to send proof of exercising treaty rights until decree absolute was granted. Once you retain your rights of residence. The HO may want to just see the proof that EEA national was working from initiation until grant of decree absolute. This is a key condition for you ro retain rights of residence and also apply for PR independently.

Over time the HO might relax the rules where you might not need to provide any of the EEA nationals document after you have retained yopur rights. However this is how the rule stands now.
mcovet wrote:what if the eea national has already got the doc certifying permanent residence?
does non-eea still have to send anything apart from that to prove the exercise of treaty rights by eea during the period?

it would save the hassle etc. plus, non-eea will have to send this a 3rd time after confirming he retained right of residence- i.e. when applying for PR himself!


bobobo wrote:Just send the HO a letter explaining the circumstances with the following essential docs:
Decree Absolute
Proof of co-Habitation (Atleast for a year)
Marriage Certificate
Proof of Divorce initiation
Proof that EEA national was exercising rights during their period of stay in UK.
Proof of them exercising treaty rights DURING DIVORCE i.e. from initiation until grant of decree absolute (VERY IMPORTANT)
Proof of what u have been doing here e.g. studying,working etc..

Send it to the addess mentioned on the EEA2 Form which you can find from the UKBA website.

mcovet
BANNED
Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Post by mcovet » Tue Oct 26, 2010 11:09 am

my question relates to the fact that if an EEA national received a Document Certifying PR, based on the fact that he/she had exercised the rights for 5 years, the PR sticker should suffice instead of the pile of documents. The PR is only lost with the absence over 2 years, thus, PR is already proof the EEA is/has been exercising treaty rights, so no need to also prove the period between the petition for divorce and the Decree Absolute?

so, my dear bobobo, that's the question: to bo, or not to bo :)


bobobo wrote:You would still need to send proof of exercising treaty rights until decree absolute was granted. Once you retain your rights of residence. The HO may want to just see the proof that EEA national was working from initiation until grant of decree absolute. This is a key condition for you ro retain rights of residence and also apply for PR independently.

Over time the HO might relax the rules where you might not need to provide any of the EEA nationals document after you have retained yopur rights. However this is how the rule stands now.
mcovet wrote:what if the eea national has already got the doc certifying permanent residence?
does non-eea still have to send anything apart from that to prove the exercise of treaty rights by eea during the period?

it would save the hassle etc. plus, non-eea will have to send this a 3rd time after confirming he retained right of residence- i.e. when applying for PR himself!


bobobo wrote:Just send the HO a letter explaining the circumstances with the following essential docs:
Decree Absolute
Proof of co-Habitation (Atleast for a year)
Marriage Certificate
Proof of Divorce initiation
Proof that EEA national was exercising rights during their period of stay in UK.
Proof of them exercising treaty rights DURING DIVORCE i.e. from initiation until grant of decree absolute (VERY IMPORTANT)
Proof of what u have been doing here e.g. studying,working etc..

Send it to the addess mentioned on the EEA2 Form which you can find from the UKBA website.

Locked
cron