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EEA FAMILY MEMBER DIVORCE..DO I QUALIFY FOR ROR?

Posted: Wed Aug 13, 2014 11:24 pm
by Thato
Hi everyone hope your all well.This is my first time on the forum but I have been following since January.I have a BIG problem and I would really appreciate everyone's input.I have been married to my wife who is an EEA national since march 2010 and got my RC may 2011 she moved home since 2012 but since December last year she wants divorce..I mean I am fed up anyway and I don't see us getting back together anyway.she worked from April 2010 till February 2012(SELF EMPLOYED) and she recently went back to work for another company she started work December 2013 to date.I just started working since May 2013 to date (but got 5 years RC mAY 2011).She wants to start divorce proceedings and I have asked her to give me her bank statements and payslips of her new employment as I only have for 2010-2012 she refused.MY QUESTIONS ARE (1) IS IT OK TO SEND MY 1 YEAR EMPLOYMENT DOCUMENTS COVERING 2013/2014 AND HER OWN EMPLOYMENT DOCUMENTS COVERING 2010/2011 OR DOES IT HAVE TO BE THE SAME YEAR? (2) AFTER DIVORCE IS GRANTED CAN I GET HER EMPLOYER TO WRITE A LETTER STATING SHE WAS WORKING AT THE TIME THE DIVORCE WAS FINALISED? (3) DO I NEED HER I.D CARD OR PASSPORT? AND LASTLY IF I MANAGE TO CONVINCE HER TO GIVE ME HER PAYSLIP AFTER DECREE ABSOLUT DO YOU THINK I WILL HAVE A CHANCE TO APPLY FOR RETAIN OF RIGHTS?? :?: Thanks to everyone in advance.

Re: EEA FAMILY MEMBER DIVORCE..DO I QUALIFY FOR ROR?

Posted: Wed Aug 13, 2014 11:38 pm
by Obie
A lot can happen between now and the point at which you obtain your divorce, so it is pointless giving any advise, as your wife may not be workling, or she may have left the UK.

I suggest the first step is to get the divorce process started, and everything else will take place.

As you marriage had lasted for more than 3 years and you have been resident in the UK for at least 1 of that 3 years, you may qualify for retention.

Re: EEA FAMILY MEMBER DIVORCE..DO I QUALIFY FOR ROR?

Posted: Thu Aug 14, 2014 11:51 am
by Thato
Thanks for your reply @Obie .if she is still here by the time of decree absolut and does not give me payslip can I request a letter from her employer to prove that she was excercising treaty or contact Hm revenue to show she was in the country and paying tax? and lastly by the time i apply to HO will it matter that my documents and her documents don't show we were both working in the same year of our 3years eg both working 2011 or it doesn't matter if i was working 2013 and she was working 2011?? thanks.

Re: EEA FAMILY MEMBER DIVORCE..DO I QUALIFY FOR ROR?

Posted: Thu Aug 14, 2014 9:18 pm
by Obie
You could ask the Home Office to assist you with her tax history, or the tribunal to assist, if it gets that far.

You are not required to have lived together, all that is required is both of your residing in the UK>

Re: EEA FAMILY MEMBER DIVORCE..DO I QUALIFY FOR ROR?

Posted: Thu Aug 14, 2014 10:32 pm
by Thato
Thanks again @Obie I think it will definately come to that. is her employment contract for the job she in right now ok? or I must give Home Office the payslip to show she was working when decree absolute was granted? and how do I ask the HOME OFFICE to help with the tax history? after decree absolute do I make my ROR application and write a covering letter to the home office explaining why THERE'S no documentation to show that my ex was exercising until decree absolute was granted? sorry for so many questions i can't sleep is depressing :( :( :( thanks for your answers in advance

Re: EEA FAMILY MEMBER DIVORCE..DO I QUALIFY FOR ROR?

Posted: Thu Aug 14, 2014 10:51 pm
by Obie
Employment contract is OK, but it does not prove a person is still working.

I am engaging in a futile adventure with you on these issues, as they seem hypothetical.

It is sensible to get on with the divorce, and after that the other issues can be addressed. That way your dependency on her will cease.

Re: EEA FAMILY MEMBER DIVORCE..DO I QUALIFY FOR ROR?

Posted: Thu Aug 14, 2014 11:59 pm
by Thato
@Oboie I appreciate your patience and understanding.Tough times ahead but I believe and I have hope that all will be well.Thank you so much :)