Retained rights of residence

[gwayokwu]

Home office wrote me to inform me that my residence permit has been canceled because I used my children's status. For reasons that is so weird to explain here now, I married an EU citizen and was using EU 5 years permit which expired in 2014, I didn't apply for retained right of resident instead due to my lawyer ignorance. He used my children for my residence instead. Now I have lost direct contact to my children and the court informed HO and HO wrote to me advising that I leave the country or make a different application.
My question is please, Can I still go back to retained right of residence? My ex refused to allow me access to my children and the marriage is beyond repair. This is my 13th year in UK. Please help me with this advice.

[CR001]

???

immigration-for-family-members/to-exten ... l#p1777265

[askmeplz82]

i am not 100% sure but i think you can still apply for RETAINED RIGHT OF RESIDENCE if you can show your EEA SPOUSE WAS EXERCISING TREATY RIGHT on the date of divorce finalised

do you have proof of address for her and your for 1 year in the same address ?
do you have photocopy of her photo ID?
Do you have proof of her exercising treaty right during divorce ?
You both married for more then 3 years ?

[gwayokwu]

Thanks for your response. Yes we lived together for 5 years in the house we bought together on mortgage. Put together her employment details for the five years, it was not complete. About three and half years. I have copies of her workers registration scheme of 2007 and 2008. She corned me and made away with every document even photocopies. The children are all burn here.
To prove her exercising treaty right is no go area as she refused to let a pin of hers near me. The divorce just finished in January this year.
She is still living and working here and collecting benefit since she left this house. And I'm still paying for the children

[gwayokwu]

Also with about 3years of her work payslips

[askmeplz82]

Perfect ... you will be eligible for RETAINED RIGHT OF RESIDENCE.

when you send the application make sure you write a cover letter explain everything to the case worker so the case worker know your situation.

It's very important you have proof of her exercising treaty right on the date divorce finalised ...

[gwayokwu]

Thanks so much. I was afraid because it's about 4 years now that I missed using that route and again, I have been using another route which is not under EU.
Can you please as well tell me which of the forms to use because they are too many of them here?

[askmeplz82]

SAME FORM YOU USED FOR EEA2 ....

https://assets.publishing.service.gov.u ... -03-19.pdf

[Obie]

I do not think you have complete evidence to qualify for a retained right.

You could qualify for PR, but as you said, there is no complete evidence of working for a complete period of 5 years to enable you to qualify under this route.

[gwayokwu]

obie, please what do you suggest I do now. I have till 14th of June to change or leave. I am in confused state now

[Obie]

Really unclear what evidence you are currently in possession of, and the full circumstances of you and your ex wife at the time of initiation of divorce proceedings, so it is hard to express a view.

[gwayokwu]

The whole explanation is too ambiguous. I am thinking of applying extension of leave to remain until I find out the real route to go. I don't also know my chances. It's terrible for me now and I am not composed at the moment.

[Obie]

The whole explanation is too ambiguous. I am thinking of applying extension of leave to remain until I find out the real route to go. I don't also know my chances. It's terrible for me now and I am not composed at the moment.

Wish you all the best. If you are unable to succeed under EU law which probably has a higher chance of succeeding, it is difficult how you can succeed under Private life live to remain, without a British child for example.

But all the best for the future.

[gwayokwu]

askmeplz82, Thank you so much for your suggestions to my application for retained rights. I did not only receive Retained rights but indefinite leave to remain. It was awesome. Your suggestions galvanized me and made me think deeper. It was a very harsh experience that I would want to advice anyone going through same problems. I am happy I discovered this forum. This matter has taken me 5 years and crook lawyers making mincemeat of me. so much money I have lost yet, this time it cost me no dime and I have the indefinite. I thank everyone that has advised me.