Immigrationboards.com

HI to you all i would like to thank you for taking your time to reading my post.
I was married to EEA national for 4 years (date of marriage) and but my residency card was issued 3 years ago
I am self sufficient I work and pay my taxes
Our divorce is now finalised and my ex spouse was working at the time of divorce so for those reasons i think I qualify for retain of rights
My biggest problem is my ex spouse is refusing and when i say refusing i mean seriously refusing to give me papers -eg-paysli,letter from employer to show she was working at the time of divorce
how on earth do i apply for retain of rights now? might as well be ready for deportation
I have the following papers for myself-passport ,decree absolute ,certified copy of marriage certificate ,payslips ,p60 ,p45 ,work contracts
For her i have old papers covering 3years of her self employment-self assessment tax papers,photocopy of id card and passport,bills,accountant letter
DO YOU THINK I STAND A CHANCE TO RETAIN THE RIGHTS OR MIGHT AS WELL PACK MY BAGS

It is not going to be easy , but it is not the end of the road.

There are cases at the CJEU dealing with this exact issue. I have cited it in the sticky topics.

There is the option of asking the HO or the court to check her tax history.

Don't give up. It is not the end of the road.

OK. you just gave me hope
Are you a lawyer?
I will surely need a good lawyer if anyone can recommend?
I have just found out this morning where she works is there a law that can make her employer to make a declaration that she was working during and after our divorce?

all answers are appreciated
Thank you OBIE for your reply

Employers are bound by the DPA, UKBA have access to her file, They can either do it themselves or tribunal can ask them to do this for you.

Try and get some evidence that you have sought assistance from her like emailing a request and sending WhatsApp or any recorded means.

In ancillary relief proceedings, discovery/disclosure orders can be made if information not disclosed. Both parties are obliged to discover relevant financial information as part of the court process, it can be contempt of court if not accomplished by either party. Time to seek a lawyer perhaps?

Hi el patron,when you say both parties do you mean the home office and tribunal?
Thanks for your input I went to different lawyers and different information
I need a lawyer who really knows this EEA LAW like a hand


I pray to GOD that I find a good lawyer

ANY GOOD LAWYER RECOMMENDATIONS ARE WELCOME

Where are you based in the UK?

Reply to obie>>I am in SE London

buntu wrote:Hi el patron,when you say both parties do you mean the home office and tribunal?

No, both parties to the marriage.

I sent you a message in regards to legal representative around that area.