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Retain rights
Posted: Thu May 22, 2014 2:18 pm
by shazam1269
Hi
I got EEA residence permit in July 2011 and got official divorce from my EEA wife in 2013 but did not informed the Home office. Now in July i will complete my 3 years on EEA family permit can i apply for Retain rights of residence now if i show a 2013 divorce document?
Thank you for all your help
Re: Retain rights
Posted: Thu May 22, 2014 3:38 pm
by Obie
How long were you married for?
How long after your marriage was the divorce initiated?
Was your ex wife working in the UK at the time of your divorce?
Re: Retain rights
Posted: Thu May 22, 2014 4:28 pm
by shazam1269
wife is from Latvia, got married in 2004, got my first visa in 2010-2011 and then from 2011 till 2016, divorce initiated in 2013. She was working but i dont have any paper work of her employment she has left UK now.
Re: Retain rights
Posted: Thu May 22, 2014 5:10 pm
by Obie
How long did you and your wife resided in the UK prior to divorce? and during that period, was she in employment?
Re: Retain rights
Posted: Thu May 22, 2014 7:46 pm
by shazam1269
We resided together in UK since 2004 she was on and off to work, not permanent job
Re: Retain rights
Posted: Thu May 22, 2014 8:37 pm
by Obie
Was she registered under the WRS, and did she obtain a registration certificate after.
Re: Retain rights
Posted: Fri May 23, 2014 9:16 am
by shazam1269
yes i think she was, but the problem is im not in touch with her, she has left Uk last year.
Re: Retain rights
Posted: Fri May 23, 2014 9:24 am
by Obie
Well how do you intend to secure retention of residence or permanent residence without any of her work documents.
You said you have been married from 2004 and residing in the UK, why was it in2010 that you got your first permit.
What was she doing from 2004-2009.
You really have a lot of work to do mate
Re: Retain rights
Posted: Fri May 23, 2014 10:26 am
by shazam1269
she was registered with WRS, and from 2004 till 2010 she worked on cash and in 2010 got herself registered with WRS obtained certificate but the problem is we are divorced and i don't have any of her documents, we had a fight and verbally and abused me and punched me so i left home and i initiated the divorce, i didnt take any of her documents at all with me.
Re: Retain rights
Posted: Fri May 23, 2014 10:46 am
by Obie
Have you got evidence of Domestic Violence?
If you do, that might help.
Re: Retain rights
Posted: Fri May 23, 2014 12:11 pm
by shazam1269
no i dont i didnt report anything just got divorce from her
Re: Retain rights
Posted: Fri May 23, 2014 1:12 pm
by Obie
Well there will be lot of work to get you up and going.
You may need to seek legal advise on this.
This will involve firstly, asking the HO to exercise their power to investigate her employment history, and if that failed, get the tribunal to request them to do so.
Re: Retain rights
Posted: Fri May 23, 2014 1:48 pm
by shazam1269
thank you for your help, i have been living in the uk since 2002 and applied for EEA permit in 2010 befire that i was on student visa. If i apply for 10 years long residency i understand i have to submit my ex documents but you know i dont have them, will this effect my 10 years long residency case
Re: Retain rights
Posted: Fri May 23, 2014 4:44 pm
by Obie
You will need evidence for the time you resided here as a family member. Evidence of treaty right may be required, or residency breaks unfortunately.