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I recently got divorced and have been married over 4 years and have lived in the uk for 2 years and 5 months.i called the home office enquiry line and explained to them about my situation to them.i was informed that i do not need to send the decree absolute that i only need it upon completion of 5 years residence,he said have i will then prove evidence of my wife's treaty rights and also my own treaty right from when divorce decree absolute was issued.I then asked about when i travel to Uk most times, i am always been asked about my wife and i tell them everything now that we have divorced i asked the HO representative what do i say ,she said all i have to say is i have retained my rights because there is nothing i can apply for as i still have a valid residence card, she even gave me heathrow airport immigration contact number. please is this right?

Pls ineed an urgent response cos i will be travelling out nextweek

I've just reviewed article 13 of the directive. The advice you've been given does not appear to be inconsistent with what's written there.

Also relevant is article 14, which refers back to article 13 (amongst others).

Union citizens and their family members shall have the right of residence provided for in Articles 7, 12 and 13 as long as they meet the conditions set out therein.

though the information is correct, there are contradictory views on this topic, some feel relaxed applying for RoR (which is the same sticker valid for 5 years starting from date of issue) and then apply for PR on the other hand some people can directly apply for PR with this information, it all depends how much trouble you get with the ECO when entering UK as we all know they are not all well versed with the EEA route

johnopatola wrote:I recently got divorced and have been married over 4 years and have lived in the uk for 2 years and 5 months.i called the home office enquiry line and explained to them about my situation to them.i was informed that i do not need to send the decree absolute that i only need it upon completion of 5 years residence,he said have i will then prove evidence of my wife's treaty rights and also my own treaty right from when divorce decree absolute was issued.I then asked about when i travel to Uk most times, i am always been asked about my wife and i tell them everything now that we have divorced i asked the HO representative what do i say ,she said all i have to say is i have retained my rights because there is nothing i can apply for as i still have a valid residence card, she even gave me heathrow airport immigration contact number. please is this right?

Doesn't the RoR sticker still say "family member of EEA national"? How can the ECO tell whether you are married or divorced? I would not think they could see on their system that you have granted RoR.

Please what advise do you give me, should i follow the istruction of the homeoffice representative.I dont want any hassle at the airport or is there a way that i can get a letter saying i automatically have a retention since my marriage is over 3 years and have lived in uk more than one yearand. Up till the time decree absolute was issued my ex was still self employed and. I have a job..pls urgent advise needed.

You absolutely should apply, the process will take the usual 3-6months but at the end of it you will get another RC but ensure it is accompanied by the correct letter, which states clearly you have retained right of residence! This letter will not only help you to travel less hassled but also assist/ add extra weight to your PR application when time comes

johnopatola wrote:Please what advise do you give me, should i follow the istruction of the homeoffice representative.I dont want any hassle at the airport or is there a way that i can get a letter saying i automatically have a retention since my marriage is over 3 years and have lived in uk more than one yearand. Up till the time decree absolute was issued my ex was still self employed and. I have a job..pls urgent advise needed.

I want to say thank you to all members of the boaed .please i still needvmore advise,pls senior members can u help out pls.Vinny,Obie ca.funke,pls respond to my topic

What is the advice you require? Is it new or did the varying opinions confuse you?

johnopatola wrote:Pls ineed an urgent response cos i will be travelling out nextweek

If you are traveling out next week, there will not be enough time for a new application (irrespective of whether one is required or not).

However, you've had advice from the Home Office that you don't need to make a new one. You have the relevant links to the directive. You would just need to state all that to the IO on arrival if you get hassle.

EUsmileWEallsmile wrote:I've just reviewed article 13 of the directive. The advice you've been given does not appear to be inconsistent with what's written there.

If you haven't done so already, why don't you read the directive, pay attention to article 13

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Thanks EUsmileWEallsmile,so you mean i can just show the IO the content of the Eu directive if he or she isnt aware.please do you know if i can get a letter from the Homeoffice regarding that i do not need to apply for anything .you know IO at the airports acts funny ,i dont want to be disturbed and be punished wrongly

EUsmileWEallsmile wrote:

EUsmileWEallsmile wrote:I've just reviewed article 13 of the directive. The advice you've been given does not appear to be inconsistent with what's written there.

If you haven't done so already, why don't you read the directive, pay attention to article 13

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

The UKBA don't refer to the directive usually, they refer to the 2006 EEA regs, as this is their (incorrect) transposition, it might be an idea to read the sections that apply specifically to you, and also maybe follow up the telephone call you made in writing and ask for their confirmation in writing back to you

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

MelC wrote:

EUsmileWEallsmile wrote:

EUsmileWEallsmile wrote:I've just reviewed article 13 of the directive. The advice you've been given does not appear to be inconsistent with what's written there.

If you haven't done so already, why don't you read the directive, pay attention to article 13

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

The UKBA don't refer to the directive usually, they refer to the 2006 EEA regs, as this is their (incorrect) transposition, it might be an idea to read the sections that apply specifically to you, and also maybe follow up the telephone call you made in writing and ask for their confirmation in writing back to you

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I had a look at the transposition critique this morning and it appeared that article 13 was effectively transposed (unlike some other parts).

I would agree with your suggestion that the OP tried to get the verbal advice in writing.

Transposition document discussed above

http://ec.europa.eu/justice/doc_centre/ ... nce_en.pdf

johnopatola wrote:Thanks EUsmileWEallsmile,so you mean i can just show the IO the content of the Eu directive if he or she isnt aware.please do you know if i can get a letter from the Homeoffice regarding that i do not need to apply for anything .you know IO at the airports acts funny ,i dont want to be disturbed and be punished wrongly

If you go back to your original post, you suggested that you were given a number at Heathrow to call. Did you phone it?

When you get to immigration control, you can explain that you have retained right of residence following divorce. You can say that you phoned the Home Office and were advised that you could travel.

Why would you be punished?