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EEA national divorced.Cod any1 guide how to retain my rights

Posted: Thu Sep 09, 2010 12:40 am
by faisal78
Could anybody advices me what to do?

I am new here and seeking advice from you guys as i am so much worried.I came into this country as student and all these years i 've studied but worked full time as security officer to bear expenses.
Originally I am a Pakistani national & married with a polish national on 12 may 2007 and i was granted 5 years residence card which was EEA2 after 5 months of applying.Unfortunately i lost my passport in 2009 and i had to reapplied residence card and it was issued another one from 2009 to 2014.While these years i have had two boys from my wife. One is 20 months old and another one is 5 months old.For the past couple of months things weren't worked out between us and now situation got out of control and finally my wife applied for divorce yesterday.I struggled to the very end to save our marriage for the sake of children but couldn't.
My wife came into this country Aug 2006 and she worked in the same security company where i was.She worked full time until she got pregnant and her security company send her p60 on November 2009 as she was unable to work due to stress/sickness after given births.
Since then she became full time house wife and all the time busy working with children.
My question is how can i claim my retaining rights in case of divorce.
We have marriage certificate upto now.
We have joined bank account upto now.
we have joint Tenancy agreement for 2 years
We have joint car insurance for 2 years
Joint gas bill for 1 year
my wife was exercising her treaty rights upto november 2009 but later she was unable to work due to children/stress/sickness.
Am i qualify or what other papers would i need?
It would be great help if you pls brief in detail.
Thanks
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Posted: Thu Sep 09, 2010 12:58 am
by Obie
Faisal if she file in for a Divorce and it is granted, you might be able to retain your right of residence.

Try and see if you can manage to maintain the family, if that is impossible, you will be able to maintain your residency.

Unfortunately you cannot do that now, until the marriage is dissolved.

I am not sure if she has been exercising treaty right

Posted: Thu Sep 09, 2010 1:33 am
by Audi71
Dear Faisel

I am not sure if she has been exercising treaty rights as she she been on constant maternity or sick leave.
Does she have comprehensive sickness cover?
Correct me if i am wrong pls.