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Retain rights

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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shazam1269
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Posts: 18
Joined: Thu May 22, 2014 2:09 pm

Retain rights

Post by shazam1269 » Thu May 22, 2014 2:18 pm

Hi

I got EEA residence permit in July 2011 and got official divorce from my EEA wife in 2013 but did not informed the Home office. Now in July i will complete my 3 years on EEA family permit can i apply for Retain rights of residence now if i show a 2013 divorce document?

Thank you for all your help

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retain rights

Post by Obie » Thu May 22, 2014 3:38 pm

How long were you married for?

How long after your marriage was the divorce initiated?

Was your ex wife working in the UK at the time of your divorce?
Smooth seas do not make skilful sailors

shazam1269
Newly Registered
Posts: 18
Joined: Thu May 22, 2014 2:09 pm

Re: Retain rights

Post by shazam1269 » Thu May 22, 2014 4:28 pm

wife is from Latvia, got married in 2004, got my first visa in 2010-2011 and then from 2011 till 2016, divorce initiated in 2013. She was working but i dont have any paper work of her employment she has left UK now.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retain rights

Post by Obie » Thu May 22, 2014 5:10 pm

How long did you and your wife resided in the UK prior to divorce? and during that period, was she in employment?
Smooth seas do not make skilful sailors

shazam1269
Newly Registered
Posts: 18
Joined: Thu May 22, 2014 2:09 pm

Re: Retain rights

Post by shazam1269 » Thu May 22, 2014 7:46 pm

We resided together in UK since 2004 she was on and off to work, not permanent job

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retain rights

Post by Obie » Thu May 22, 2014 8:37 pm

Was she registered under the WRS, and did she obtain a registration certificate after.
Smooth seas do not make skilful sailors

shazam1269
Newly Registered
Posts: 18
Joined: Thu May 22, 2014 2:09 pm

Re: Retain rights

Post by shazam1269 » Fri May 23, 2014 9:16 am

yes i think she was, but the problem is im not in touch with her, she has left Uk last year.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retain rights

Post by Obie » Fri May 23, 2014 9:24 am

Well how do you intend to secure retention of residence or permanent residence without any of her work documents.

You said you have been married from 2004 and residing in the UK, why was it in2010 that you got your first permit.

What was she doing from 2004-2009.

You really have a lot of work to do mate
Smooth seas do not make skilful sailors

shazam1269
Newly Registered
Posts: 18
Joined: Thu May 22, 2014 2:09 pm

Re: Retain rights

Post by shazam1269 » Fri May 23, 2014 10:26 am

she was registered with WRS, and from 2004 till 2010 she worked on cash and in 2010 got herself registered with WRS obtained certificate but the problem is we are divorced and i don't have any of her documents, we had a fight and verbally and abused me and punched me so i left home and i initiated the divorce, i didnt take any of her documents at all with me.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retain rights

Post by Obie » Fri May 23, 2014 10:46 am

Have you got evidence of Domestic Violence?

If you do, that might help.
Smooth seas do not make skilful sailors

shazam1269
Newly Registered
Posts: 18
Joined: Thu May 22, 2014 2:09 pm

Re: Retain rights

Post by shazam1269 » Fri May 23, 2014 12:11 pm

no i dont i didnt report anything just got divorce from her

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retain rights

Post by Obie » Fri May 23, 2014 1:12 pm

Well there will be lot of work to get you up and going.

You may need to seek legal advise on this.

This will involve firstly, asking the HO to exercise their power to investigate her employment history, and if that failed, get the tribunal to request them to do so.
Smooth seas do not make skilful sailors

shazam1269
Newly Registered
Posts: 18
Joined: Thu May 22, 2014 2:09 pm

Re: Retain rights

Post by shazam1269 » Fri May 23, 2014 1:48 pm

thank you for your help, i have been living in the uk since 2002 and applied for EEA permit in 2010 befire that i was on student visa. If i apply for 10 years long residency i understand i have to submit my ex documents but you know i dont have them, will this effect my 10 years long residency case

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retain rights

Post by Obie » Fri May 23, 2014 4:44 pm

You will need evidence for the time you resided here as a family member. Evidence of treaty right may be required, or residency breaks unfortunately.
Smooth seas do not make skilful sailors

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