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Retaied

Posted: Mon Apr 27, 2020 6:28 pm
by kingone
Hi all, I will really appreciate an advice.
im non-EEA citizen married to EEA citizen( norway ) since 2013 , i came to the UK in january 2017 and i have residence card for 5 years, we lived toghether till december 2019 .
our relationship not good anymore so we dicided to divorce but my wife she is not working at the moment but she is get jobseekers allowance and she did go to norway to visit her familly but she cant come back because of covid19 and she planning to stay in norway.
what is my situation now ?
what can i do to get retained right of residence ?
what the route i can take now?
Thank you

Re: Retaied

Posted: Fri May 15, 2020 7:29 pm
by kingone
Hi can someone answer me please Thank you 😐

Re: Retaied

Posted: Fri May 15, 2020 8:25 pm
by Zerubbabel
Hello

You need to read this document from page 12:
https://assets.publishing.service.gov.u ... 5.0ext.pdf

This is the relevant part:
Image


How long did you stay in the UK together? Can you prove it?

Re: Retaied

Posted: Sat May 16, 2020 9:03 am
by secret.simon
Zerubbabel wrote:
Fri May 15, 2020 8:25 pm
Hello

You need to read this document from page 12:
https://assets.publishing.service.gov.u ... 5.0ext.pdf

This is the relevant part:
Image


How long did you stay in the UK together? Can you prove it?
This section of the guidance does not apply to the OP.

This section, based on Regulation 10(3), applies to direct descendants of an EEA citizen or their spouse, who were in education in the UK at the time of the EEA citizen dying or leaving the UK.

The OP will not retain the right of residence if the EEA spouse leaves the UK without a divorce. The requirements of the divorce listed in Regulations 10(5) need to be met for the OP to retain the right of residence.

Also see Page 14 of the same guidance as above.
A non-EEA national spouse or civil partner whose relationship has not officially ended will lose their right of residence if the EEA national:
stops being a qualified person (either through no longer being a qualified person in the UK or by leaving the UK)
• loses their right of permanent residence

Re: Retaied

Posted: Sat May 16, 2020 10:36 am
by Zerubbabel
Hey thank you for the clarification secret.simon. I stand corrected.

So it seems like the OP has no right to reside in the UK unless he finds a route of his own.

Re: Retaied

Posted: Sat May 16, 2020 2:17 pm
by kingone
Zerubbabel wrote:
Fri May 15, 2020 8:25 pm
Hello

You need to read this document from page 12:
https://assets.publishing.service.gov.u ... 5.0ext.pdf

This is the relevant part:
Image


How long did you stay in the UK together? Can you prove it?
we been together since i came 01/2017 , i have proof of address we live in the same address

Re: Retaied

Posted: Sat May 16, 2020 2:26 pm
by kingone
kingone wrote:
Sat May 16, 2020 2:17 pm
Zerubbabel wrote:
Fri May 15, 2020 8:25 pm
Hello

You need to read this document from page 12:
https://assets.publishing.service.gov.u ... 5.0ext.pdf

This is the relevant part:
Image


How long did you stay in the UK together? Can you prove it?
we been together since i came 01/2017 , i have proof of address we live in the same address
and now she can come anytime for divorce and she still qualified person she getting job seekrs . because of the coronavirus she very scarew and she cant come before.