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Retained Rights Before 3 Years Marriage Ended
Posted: Tue Apr 28, 2020 8:41 am
by PAK4
Hi Everyone,
I was getting guideline previously from this forum which proved to me very useful, Therefore i thought lets put this scenario in front of many experts.
I am a living non Eu husband of an EEA sponsor qualified person married for 2 and half years in UK with RC expiring in 2023. At this point circumstances changed dramatically and unfortunately we end up separated from each other. Now i heard my EEA sponsor has filled divorce petition which i will receive shortly from court.
Now as i understand for retained rights we should be married for 3 years and lived together as married couple for 1 year in UK to be qualify. But in my situation this is not the case so now I am wondering if i can go for Retained Right in special circumstances application, will this help? or anyone been in this situation and what was the outcome? or any other relative experiences will be very helpful
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Tue Apr 28, 2020 9:42 am
by secret.simon
PAK4 wrote: ↑Tue Apr 28, 2020 8:41 am
special circumstances application
Apart from not meeting the requirements, what are the special circumstances?
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Tue Apr 28, 2020 10:28 am
by PAK4
I am talking about an application under "Difficult circumstances – regulation 10(5)(d)(iv)".
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Tue Apr 28, 2020 10:39 am
by CR001
secret.simon wrote: ↑Tue Apr 28, 2020 9:42 am
PAK4 wrote: ↑Tue Apr 28, 2020 8:41 am
special circumstances application
Apart from not meeting the requirements, what are the special circumstances?
OPs previous post on trying to query if they qualify for ILR LR.
indefinite-leave-to-remain/continuity-f ... l#p1831178
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Tue Apr 28, 2020 10:59 am
by PAK4
PAK4 wrote: ↑Tue Apr 28, 2020 10:28 am
I am talking about an application under "Difficult circumstances – regulation 10(5)(d)(iv)".
Any opinion???
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Tue Apr 28, 2020 11:03 am
by CR001
PAK4 wrote: ↑Tue Apr 28, 2020 10:59 am
PAK4 wrote: ↑Tue Apr 28, 2020 10:28 am
I am talking about an application under "Difficult circumstances – regulation 10(5)(d)(iv)".
Any opinion???
The question the other moderator asked was what are your 'special circumstances' exactly and more importantly, what evidence of the claimed special circumstances do you have??? They did not ask what regulations you are planning to rely on.
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Tue Apr 28, 2020 11:34 am
by Zerubbabel
So you want to claim domestic violence?
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Tue Apr 28, 2020 8:06 pm
by Obie
Did you fail in the long residence application you were anticipating?
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Sat May 02, 2020 3:48 pm
by Imranali10
Hii, do u have any children in this relationship? If yes then divorce will take upto 2 years and if no children then still required 1 year separation before she apply for divorce. So within this time i think your 3 years will be completed.
Re: Retained Rights Before 3 Years Marriage Ended
Posted: Sat May 02, 2020 6:11 pm
by secret.simon
Imranali10 wrote: ↑Sat May 02, 2020 3:48 pm
If yes then divorce will take upto 2 years and if no children then still required 1 year separation before she apply for divorce. So within this time i think your 3 years will be completed.
That approach likely won't work.
Regulation 10(5) lists the requirements for retaining the right of residence in case of a divorce or annulment and includes;
(d)(i)prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years
So running the clock down in divorce proceedings won't work.