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Hi,

I need some advice on whether or not i have retained a right of residence.

I am a Non EAA National who was living with an EEA National from Feb 2006. We got married in Sept 2008. We separated in April 2010. The decree absolute was granted in December 2012.
My ex wife returned to her country in August 2010.

She was in employment in the UK until September 2010. She then went to become a student in her country whilst working part time when she went back in 2010.

Does this mean that she would still be a Qualified Person under the 2006 regulations?

Is it an absolute requirement to show that she was still exercising her treaty rights right before the divorce or does the previous period count?

JoeM wrote:Hi,

I need some advice on whether or not i have retained a right of residence.

I am a Non EAA National who was living with an EEA National from Feb 2006. We got married in Sept 2008. We separated in April 2010. The decree absolute was granted in December 2012.
My ex wife returned to her country in August 2010.

She was in employment in the UK until September 2010. She then went to become a student in her country whilst working part time when she went back in 2010.

Does this mean that she would still be a Qualified Person under the 2006 regulations?

Is it an absolute requirement to show that she was still exercising her treaty rights right before the divorce or does the previous period count?

married sept 2008! i suppose this was in UK via registry office?
you saying decree absolute granted DEC 2012 so i suppose you initiated divorce some time in july- august 2012?
if you can provide enough proof that she was exercising treaty rights up until divorce, then you can apply for ROR in your case.
my main question is, since DEC 2012 you are no longer a family member and as far as i know, you should have informed HO about this in order to be on the safe side.
also absence up to six months ( longer in exceptional circumstances) does not violate residence for her ( again, she seems to be out side UK for nearly 2 years).

Hi,

Thanks for your response. I do not think i can prove that she was in the country at the time of divorce.

I informed UKBA of divorce in February 2013. I have not received confirmation from them yet.

Would the period between her leaving the country in 2010 and divorce in 202 still count as lawful residence? as i was officially still a family member til 2012?

If she left the UK for longer than the permitted absence, then her residence in the UK will have been broken.