Page 1 of 1

EEA divorce process

Posted: Mon Aug 01, 2016 4:41 pm
by kbridge
Hi all,

I hope i can find a quick advice here.

I am married to an EEA cetizen since April 2014 and living in the UK with her since September 2013.

Which means i have been living in the UK under the EU rules for 2 years and 4 months and been married to her for 2 years and 4 months.

Now she wants a divorce as she wants to leave the country.

Please advice and give me the options i have so i dont lose my right to stay in the UK and keep my job and life here.

Thanks a lot guys.

Re: EEA divorce process

Posted: Mon Aug 01, 2016 4:52 pm
by noajthan
You can dig into this vital question in HO guidance here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

In a nutshell the requirements for ROR are:
To meet the conditions of regulation 10(5)(d)(i) the applicant must:
  • have been married to, or in a civil partnership with, the EEA national for at least three years immediately before beginning proceedings for divorce, annulment or dissolution, and
    have lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership.

Re: EEA divorce process

Posted: Mon Aug 01, 2016 9:48 pm
by kbridge
noajthan wrote:You can dig into this vital question in HO guidance here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

In a nutshell the requirements for ROR are:
To meet the conditions of regulation 10(5)(d)(i) the applicant must:
  • have been married to, or in a civil partnership with, the EEA national for at least three years immediately before beginning proceedings for divorce, annulment or dissolution, and
    have lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership.
Ok, please what documents do I need from her side in order to apply for retained right of residence? I mean once the divorce is done what documents do I have to submit, originals or just copies will be fine?

Thanks very much mate.

Re: EEA divorce process

Posted: Mon Aug 01, 2016 10:44 pm
by noajthan
kbridge wrote:
noajthan wrote:You can dig into this vital question in HO guidance here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

In a nutshell the requirements for ROR are:
To meet the conditions of regulation 10(5)(d)(i) the applicant must:
  • have been married to, or in a civil partnership with, the EEA national for at least three years immediately before beginning proceedings for divorce, annulment or dissolution, and
    have lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership.
Ok, please what documents do I need from her side in order to apply for retained right of residence? I mean once the divorce is done what documents do I have to submit, originals or just copies will be fine?

Thanks very much mate.
You need to delay that divorce as you have not been married 3 years yet.

Not copies of documents - originals.
Have you read the guidance and the application form yet?

Re: EEA divorce process

Posted: Mon Aug 01, 2016 11:07 pm
by kbridge
Yes Noajthan, i need to delay it untill end of April 2017.

The only thing that worries me is if she leaves the coutry and i wont be able to get the original documents. The only identification document she agrees to leave with me is her Registration Certificate (the blue card with a residence card on it) is that acceptable as an ID?

I can get her payslips, P60, Tax return for the period she was self employed.

I did read the document and i understand the main points. But still need clarifications.

I just want to know the documents i have to get from her side by the time we have 3 years knowing that:

- she was employed from april 2014 to July 2014 (part time) then
- self employed from July 2014 to June 2015 then
- employed from july 2015 till present (part time)

Thanks a lot, i really appreciate your help.

Re: EEA divorce process

Posted: Mon Aug 01, 2016 11:23 pm
by noajthan
A RC is not id. You need EU id card or passport from your sponsor/spouse.
To start with at least get scans and copies.

Spouse needs to have been a qualified person; dig into what that means and the types of evidence a caseworker will look for, in HO guidance, here:
https://www.gov.uk/government/uploads/s ... _clean.pdf