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Dear Members

I would like to enquire about retained rights of residence application for a Non-Eu National residing in the UK. Non-Eu National got married to an EU National in the UK in September 2013. Residence card Application was filed in December 2013 and Residence card for Non-Eu National arrived in April 2014.

EU National has been excercising UK Treaty rights. SHe is working for 12-13 days a month and she has payslips and employer letter to support that. Things are not working out between them and they might file for divorce soon.

Q1 As far as i know it states in law that the proceedings for divorce should start after three years of marriage so does that mean 3 years from the date of marriage or 3 years from the date of residence card issuance ? Please confirm?

Q2 Can Non-Eu National apply for Retained rights of residence after October 2016 ?

Q3 I have also read in various forums that documents to support cohabitation and treaty rights for EU National are only required for 1 year of marriage. So if they have bills (electric, council tax and joint bank statements) and treaty rights documents (Payslips, Employer letter) for 1st year of marriage (Sep 2013 - Sep 2014) than is it enough ? Do they need the bills and payslip of every month for this duration? what other documents would they need please ?

Q4 Do they need to have the same address in all the documents they provide. After 1 year of marriage and staying together in the UK, can they have different address in payslips and employer letter of EU National and different address in bills of Non - EU national ?

Please if you could kindly highlight what else is required for retained rights of residence application after the divorce? Many thanks in advance.

1) Date of marriage.

2) 3 years after date of marriage,

3) Sponsor needs to be in UK.
My understanding is, EEA sponsor needs to be exercising treaty rights at initiation of divorce proceedings.

Be aware, HO applies MET/PET tests to determine if someone is a genuine worker.

4) Cohabitation is not mandatory (even for old married couples) under EU law.

After divorce, non-EAA party needs to be exercising treaty rights in own right (as if they were an EEA national).

Thanks very much for your reply.

Just one thing, what do you mean by MET/PET test to determine if he/she is a genuine worker ?

abuibrahim1980 wrote:Thanks very much for your reply.

Just one thing, what do you mean by MET/PET test to determine if he/she is a genuine worker ?

For MET/PET suggest start here:
https://www.freemovement.org.uk/using-m ... ne-worker/

Thanks a lot noajthan.

Can i ask couple of more things please:

If Non EU is married to EU National and for some reason marriage break down before 3 years - what options NON-EU have ?

Do they have to leave country immediately as soon as their divorce is finalised ?

Can Non-Eu transffer to another visa like Tier 4 student visa ? Or

can Non-Eu apply for a family member (sister) of another EU National (brother) immediately after the divorce ?

abuibrahim1980 wrote:Thanks a lot noajthan.

Can i ask couple of more things please:

If Non EU is married to EU National and for some reason marriage break down before 3 years - what options NON-EU have ?

Do they have to leave country immediately as soon as their divorce is finalised ?

Can Non-Eu transffer to another visa like Tier 4 student visa ? Or

can Non-Eu apply for a family member (sister) of another EU National (brother) immediately after the divorce ?

Yes, leave UK is one option.
Another option is to get another visa (if they qualify and its possible from inside UK).

Or if dependent on another EEA national then transfer to that sponsor.
But unclear how there might be such a dependency if the applicant was married, lived with and was previously sponsored by their spouse.

Thanks Noajthan for your reply.

Just final query in this regard please.

1. If No-Eu National (Female) has a baby with EU National (Male) and the EU National male suspects its not his and somebody else's and dont put his name on the birth certificate. Would it create any problem if only mum has her name on the birth certificate. Would it be an issue when Non - Eu National mum applies for retained rights of residence after divorce (having 3 years of marriage) ?

2. Does Non-EU Mum have any other option to remain in the UK if she gives birth to a baby when she was married to an EU National and they get divorce before the 3 years of marriage ? Remember the birth certificate only has the NON - EU National mum name on it. Can she stay in the uk based on that baby ?

Hi Noajthan

Can you kindly reply please when u get time many thanks sir.

abuibrahim1980 wrote:Thanks Noajthan for your reply.

Just final query in this regard please.

1. If No-Eu National (Female) has a baby with EU National (Male) and the EU National male suspects its not his and somebody else's and dont put his name on the birth certificate. Would it create any problem if only mum has her name on the birth certificate. Would it be an issue when Non - Eu National mum applies for retained rights of residence after divorce (having 3 years of marriage) ?

2. Does Non-EU Mum have any other option to remain in the UK if she gives birth to a baby when she was married to an EU National and they get divorce before the 3 years of marriage ? Remember the birth certificate only has the NON - EU National mum name on it. Can she stay in the uk based on that baby ?

1) I don't understand the connection to mother's ROR.

2) Anchor babies don't work any more. Or don't always work.

Why would mother have any rights on a child that may not even be British.
Unclear what the child's status is. It would partly depend on the unknown father's unknown status.

Dear Noajthan

Many thanks for your reply - you have been very helpful.

Can I please ask you If Non-Eu Mother can apply for retained rights of residence if marriage with EU National only lasted for 2 years in the UK ? Child is only 1 year old.