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retention of rights after divorce eea family member

Posted: Mon Aug 13, 2012 4:18 pm
by chetan3985
can anyone please help regarding the new changes from july 2012 in European economic area and Directive 2004/38/EC. will these changes affects to applying for the retention rights after divorce and permanent residence through the retention rights? i had this question in my mind because in application form EEA 3 there used to be the column for retention of rights after divorce, but in new updated EEA 3 form version 07/2012 that column has been removed.

Posted: Tue Aug 14, 2012 3:39 pm
by mzenzen
did you get your PR after retaining your right of residence after the divorce?

Posted: Tue Aug 14, 2012 4:21 pm
by Jambo
There are no changes in this area.

EEA3 is for PR confirmation for EEA national. Assuming you are non EEA national, form EEA4 is the one to use and the divorce column is still there.

thank you

Posted: Tue Aug 14, 2012 8:53 pm
by chetan3985
thank you very much Mr. jumbo. but can u please explain what exactly changes they made regarding free movements rights, in which they have stated that those changes will affect the permanent residence as well. the link for the above changes is this...
http://www.ukba.homeoffice.gov.uk/sitec ... a-regs.pdf

Posted: Wed Aug 15, 2012 6:53 am
by Jambo
None of the changes should affect your case.

Is there something specific in the changes you don't understand?

Posted: Wed Aug 15, 2012 7:27 am
by chetan3985
They have stated in first para "confirming the criteria for their permenent residence" And they mentioned about derivative rights which canot be considered anymore. [/quote]

Posted: Wed Aug 15, 2012 10:32 pm
by Jambo
As I said this is not affecting the existing regulations for people who have retained rights following a divorce.

Posted: Wed Aug 15, 2012 11:16 pm
by chetan3985
And what about the people who have not retained the rights but want to do it?

Posted: Thu Aug 16, 2012 6:26 am
by Jambo
No changes in that area.

Posted: Thu Aug 16, 2012 12:21 pm
by chetan3985
thank you very much :)