EEA retained right of residency - divorce

[mcfds2014]

Hi

Wondering if you can help me.
My ex partner wants to apply for retained right of residency on basis of our divorce, he has asked me for my payslips for a year prior to when our decree absolute was issued, but I have the following concerns:

1. When I started divorce proceedings we hadnt been married for 3 years, although when decree absolute was granted it had been 3 years. Can he still apply on this basis?
2. If he can does he actually need my payslips, as he had previously applied for eea 5 year residence card which he got and I also received my residency card, as I have already proved to home office i am qualifying do they need my payslips again?
3. If they do need my payslips can I send this separetly as I do not want to give my ex my personal paperwork, or would it complicate his application?
4. We have a child together, if he gets refused on basis of our divorce, will this make it harder if he then applies on the basis he has access to our child?

I would really appreciate your help on this, as I am really worrying about what the right thing to do is.

Thank you

mcfds

[mcfds2014]

How can I get an answer on this?
HELP

[maxmelion]

Actually u dont need three year as u got child already from him so he will be fine . Nd must give him letter employer confirmed u work on the time of dicree absluite was granted so u dont have give payslips only letter is enough
obie can confirm it .

How can I get an answer on this?
HELP

[Obie]

I think this chap will have difficulty retaining his right of residence.

I dont think, or it does not appear to me, that the requirements of regulation 10 (5)(d)(iii) are fully met.

Legal advice may need to be sought, if there is no statement of agreement or court order regarding the requirement posed in the legislative provision cited above.

[mcfds2014]

Thank you both for your replying I have been worrying about this.

In regards to our child, we went to mediation where we agreed regular contact, as the courts prefer this in the first instance rather than a court order, we both have the agreement from the solicitor to prove this, he also pays child maintenance through the csa which further proves his access to our child.

My concern was whether applying for residency on the basis of our marriage was the correct way to go on about it and whether he actually needs my payslips? If you say he will be fine applying on this basis i will ask my employer for a letter proving my employment, do they need to include how much I earn? To be honest I dont want my ex knowing that information and I have already provided this information to the home office on his first applied for his eea family residence when we were married... and i am still working for the same employer as back then

Thank you so much