Employment Evidence In Retained Rights Of Residence Applicat

[tigana]

Hi guys,

I have a situation and wondering if you have any thoughts on this. I am an non-EU national married to an EU national. My wife (same sex marriage) and I have been separated for sometime and I am looking to file a divorce. The problem is, my wife has quit her job and thinking about traveling and moving abroad too. And at the moment I am thinking to get her to come back to the UK and work here until the divorced is finalised so that I can apply for the Retained right of residence (ROR).

My question is: would the Home Office refuse my application if my wife has an employment gap of 2-3 months when she is not working, even if she will be in employment on the date of the divorce and during the divorce proceeding?

Would the HO be looking at her employment details for the entire duration of our marriage? I will be applying for ROR after March 2016 as that is when we will have been married for 3 years, which will satisfy the requirement of the ROR, but I am just worried about her not being in employment for few months when she is traveling now.

Thanks for your help!

Tigana

[Obie]

It appear your right of residence may have elapsed on her departure.

It will be a tough one.