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Retaining right of residency

Posted: Mon Aug 13, 2012 11:02 pm
by instavision94
Hi,

I am hoping some one could confirm the following.

After severe hardship we decided to end our marriage and decree absolute was granted 17/07/12. I am an Srilankan national and was married to my ex wife who is Slovakian.

Been married for 4 years and 3 months
Have lived together for 5+ years
I am employed full time for the last five years
X was a student since we were married in Jul 2008.
Have letter from uni confirming she is still studying, have comprehensive med insurance and all other paper work required covering 4 years of marriage.

I just spoke to a solicitor today and have been baffeled by what he said:

I do not qualify to retain right of residency as I have no children nor a victim of domestic violence..He also said that I have breached the law as I am no longer a family member and should contact the home office immedeately with legal representation.... Is this true?

Also, I have all the documents with an completed EEA2 form completed and ready to be sent. I understand the processing time is between 4-6 months. I am travelling in october..so.. I have written a covering letter advising that I will submit my passport on my return. Would this be ok.

I have a file with around 300 pages full of documents... letter from uni, student loan letters, complehensive medical insurance, decree absolute, bank statements, utility bills and a 4 page letter as to why the marriage brokedown... is this all necessary?

I only received the decree absolute on the 24th Of July.. Am I late in applying?

Is there anything else I may need?

Any advice or help will be appreciated.

Thanks

Posted: Mon Aug 13, 2012 11:41 pm
by Guerro
No need to worry, you seem to hold the most important papers which will grant you easy retention (evidence of 3+ years of marriage, ex exercising treaty rights, you working, insurance, bills).
You nearly have it in your pocket :D

Posted: Tue Aug 14, 2012 6:34 pm
by instavision94
Guerro wrote:No need to worry, you seem to hold the most important papers which will grant you easy retention (evidence of 3+ years of marriage, ex exercising treaty rights, you working, insurance, bills).
You nearly have it in your pocket :D
Huh... that sound better. This solicitor really got me worried. Thanks for your reply. With regards to the travel plan in October on my original post... would this be a concern. I spoke to HO this afternoon and the lady on the phone was reading out the information from the website... she was not too sure and told me I didn't have to do anything but just send a letter advising of the divorce. She also said when I travel it may be advisable to print off the document from HO website.. Just in case... It all sounded straight forward. I am only hoping it is!