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Hi all,
I'm about to apply for the Retention of Right of Residence following divorce with my EEA wife. I gone through the forums regarding this topic and find very valuable information, but might need some more help off you guys to get the things sorted.

Here is some brief History...

Married with my EEA wife (marrige was abroad not in UK): July 2005
came in UK on EEA FP: Aug 2006
Applied for FMRS in Feb 2007 and HO issued me one year FMRS stamp
Applied again on EEA2 in Sep 2008 and got RC in 2009
Petition for divorce on July 2009
Decree nisi Nov 2009
Decree Absolout Jan 2010

I have a son from My ex He is living on a shared custody base, 3 full days n night with me and rest of week with her. I have bills and house contracts covring our living togather since Nov 2006 till May 2009. My wife she had been working throuout since 2006 apart when she was due for son's birth ( Nov 2006-May 2007 she ddnt work but was receving maternity Allowance for this period).

Luckily I've a letter off her employer which covers that she is working with them since Oct 2007 and still working their. ( in 2006 she was with different employer, and i have copies of P45)

Can you guys please help me out what shall i do now? shall i send a fresh EEA2 application or just send them a standard letter notyfiyg them of my divorce. I'm currently working 30 hours a week but going to start my own business ( self-employed) from next month.

Can som1 please shed some light on this topic.
John, Obie, thsths, any1
thanx

Please appreciate, that you might not get replies as swiftly as you hoped, and in some cases, your thread might slip through the net.


In terms of the documentations, you seem to more or less have over and above the basic requirements stipulated in the HO guidiance, however, i must warn you that the space of time between the receipt of your Residence card and the petitioning of your divorce, might open a whole can of worms.

Please bear in mind that application for Retention of Residence is not as Straightforward as a Residence card, and the HO will seek to investigate the circumstance surrounding your marriage and divorce, and if they find any infomation indicating that the only reason for contracting the marriage was to gain UK residence, they could revoke you existing RC.

Not that i am questioning you marriage, or insinuating anything. There might be a perfectly explainable reason for your seperation, but i must nevertheless, notify you of the prons and cons.

Best of luck.

Thanks for your time to reply my query Obie, I really appricate that.
Things between Me n my wife was not going well even Before the HO issued me the RC, but i was trying my best to maintain the relationship for the sake of my Son.
But last year We had fight and i moved out from our house, telling her that it might be better if we will give each other some time to think about our marrige. Instead that as soon i moved out she started to build relationship with totaly strangers n i found out that she have cheated on me. Meanwhile she have been threating me that she will take away our son to her home country n i will never be able to see him again. So i ddnt have any option left but to take a stay order from court to prohibit her doing that and for the custody of my son. Lucky enough court gave me half week shared custody and my son is living with me since may last year, n subsequently i had to file a petation for divorce as she had already som1.

What do u think i should do now? Shall i submit a fresh application or just send a letter to notify them of the change in circumstances. I know case of retention of residence is a minefield, therefor i just want to sort out this mess. I really dont know what to do....

Please help as im going through such a mental trauma. My ex wife she is about to put case again in court so that she can take my son out of the UK jurisdiction.

You should write and notify the HO of your circumstance, and the fact that you intend to apply for a retention of right of residence in your own capacity.

The Documents i think they will require are:

1. Valid ID containing your residence card, as proof you were a family member of an EEA national

2. Decree Absolute

3. Evidence that up to the time the decree was past in Jan 2010, your wife was exercising treaty rights in the UK

4. Evidence you will be a qualified person if you were an EEA national,
eg, Pay slips or Self-Employment documents.

5. Evidence of the court order will help too.

Best of luck