Retain Right of Residence - Divorce Pending

[jj0093]

I got a non-EEA family residence card back in 2010. But between then and now, the relationship between my husband who is the EEA national broke down and I filed for divorce October last year.Divorce proceedings have dragged on and I still haven't received a decree absolute. My residence card expired October this year after 5 years and on the advice of my lawyer applied for retained right if residence instead of permanent residence. I provided evidence of divorce proceedings to the home office and provided all other necessary documentation.

My question is will I be given a retained right of residence even though divorce is still yet to come through but we're separated and my original residence card of 5 years a non-EEA family has expired?

[Obie]

Unfortunately, the lawyer is wrong and you are likely to be refused. A further residence card should have been applied for.

On the basis of the Regulations the lawyer seem wrong.

The case of OA (Nigeria ) indicated that such approach is wrong.

Although the Irish case of Singh appears to interpret the directive in another way.

[jj0093]

I am still waiting for the decision from HO.

So if I was to have applied for another residence card, was approved and the divorce was then granted, what will I proceed to do?

[omonile]

Is your husband supporting your application? Perhaps you have have evidence of your husband exercising treaty right for the last five years,if you did you could have applied for PR.You dnt his passport to do that as determined in the case Barnet and others .the only downside is that you may have a short Coa
.