3 years marriage completed with EEA2. Please advice

[rise]

Hi all, I had got married in Jan 2012 and received my eea2 in june 2012. Unfortunately our relationship didnt go well and we ended up living seperately after a year cos of unnecessary arguments and disagreements. . Now, since 3 years of marriage is completed, I wanted to start the divorce proceedings and apply for the eea4 or retaining right of residence. I am a bit confused about what to do next and would like some advice on the same. Would i need decree nisi or decree absolute for the next visa application. Whats the best way to approach divorce ? Does my other half needs to be present for divorce As she is in her home country?
can i apply for eea4 after i get my divorce or there is something else ? Will i need the eea national's passport or id for further application (eea4)? What can i do if the eea national doesnt support me in terms of providing documents like her p60s ?
?
I just want to free myself up from all this and start a new life on my own . So any advice would be helpful. Thank you

Regards
shaggy

[malek555]

Hi Shaggy,
It is necessary that your EU spouse is working during divorce period. And it would be necessary for you to work when you apply for EEA4 after divorce.
If your spouse has left UK forever, things are complicated for you....

[Yasf]

Hi Shaggy,
It is necessary that your EU spouse is working during divorce period. And it would be necessary for you to work when you apply for EEA4 after divorce.
If your spouse has left UK forever, things are complicated for you....

Hi every one
It's need work payslip from divorce start to finsh
Or for all three year for ROR
We live together up two year next month complate 3year
Thanks

[Artur111]

Hi Rise,

you will need to prove that your partner was exercising treaty rights for the entire period of divorce proceedings.
So if you start divorce proceedings on the 1st of Feb (as an example) and let's say Decree Absolut will be issued on the 1st of June, then you will have to show the proof for all that period.

As rightly mentioned above, if you partner left the country then it's complicated as you will need to show that treaty rights were exercised.

[Artur111]

and yes, your partner has to be present in the country for the divorce to be finalized, as sometimes the Judge wants to see both sides to grant Decree Absolut.
After receiving Decree Absolut, you can apply for Retention of Rights, but again you will need the proof that your partner has been exercising treaty rights during divorce proceedings.

As for EEA4 application, I'm about to apply soon myself, so as far as I know after divorce and retained RoR you don't need your partner's ID to apply for EEA4. If I'm wrong respected Gurus please correct me.