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PR help!!!!! EEA family member divorced

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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Hanasee
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United Kingdom

EEA, non EU family member. What options do i have

Post by Hanasee » Fri Dec 14, 2018 3:48 am

Hello everyone.
I need advice on the following.
I married a Bulgarian national in 2011, was granted a resident permit in September 2012. Our relationship went downhill after since, decided to take a break from each other in October 2013, but stayed in regular contact, going out, dinner dates etc. In March 2017 realised its not going to improve as we don't have the mental compatibility, so decided to divorce. Ex said she will initiate divorce proceedings which she did in October 2017, deliberately delaying so I cannot apply for leave to remain. While my resident permit was due to run out in September, I left UK before it did. And it's worth mentioning that I stupidly didn't take any supporting documentation with me, and don't have any expectation of any help from my ex wife in this regards. I have had mixed advice so far, nothing satisfactory enough to make a decision.
Please guys advise me on my options and what would be the chances of actually being successful given I have no id of her and the pay slips.
I look forward to hear from you helpful people.
Thank you and best regards

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CR001
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Re: EEA, non EU family member. What options do i have

Post by CR001 » Fri Dec 14, 2018 6:35 am

Presuming you married in in the UK in 2011??

You could have applied for PR in 2016 if the above is the case and you/she met all requirements, 5 years from date of marriage.

Your rights don't end because your rc expires. You have rights to be in the UK provided your spouse is here and exercising treaty rights. You don't state if you are now in the UK or still abroad??

If the divorce is finalised now and decree absolute issued, then you would have been able to apply for retained rights of residence or PR.
Char (CR001 not Casa)
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Hanasee
Newly Registered
Posts: 4
Joined: Wed Dec 12, 2018 3:28 am
United Kingdom

Re: EEA, non EU family member. What options do i have

Post by Hanasee » Mon Dec 17, 2018 6:03 am

Cr001 thank you ever so much for your reply.

I did get marry in UK back in 2011. And I am currently abroad.
I received the divorce petition by email, which I signed and returned but it was out of seven days period and I never heard anything back. I emailed them a couple of weeks ago to check the status but didn't get a reply yet.
My ex has been exercising her treaty rights since 2008 till now with only a couple of months gap in 2015, when she changed jobs.
Can I still apply of PR or Right of retained residence from abroad?? And what would be the implications of not having her ID and employment proof on the application??

Hanasee
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Posts: 4
Joined: Wed Dec 12, 2018 3:28 am
United Kingdom

PR help!!!!! EEA family member divorced

Post by Hanasee » Wed Dec 19, 2018 10:44 am

Hi guys,
I am hopefully seeking advice on the following.
Married an EEA national in UK in 2011. Was granted a resident permit in September 2012. Separated in October 2013. Left UK in September 2017 before the expiration of residence permit. Divorced finalised just now. I'm currently living abroad.
Do not have ID and pay slips, p60 etc for my ex, and she won't help either. But she has exercised treaty rights throughout.
I know home office do not exercise much sympathy with applications without the supporting evidence, but was wondering if there's a way around this??
Is it worth giving a shot considering all of the above??
Please advise.
Thanks and Regards

Obie
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Re: PR help!!!!! EEA family member divorced

Post by Obie » Wed Dec 19, 2018 11:29 am

How do you expect to fight from outside the UK.makes more sense to have applied from within.
Smooth seas do not make skilful sailors

Hanasee
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Posts: 4
Joined: Wed Dec 12, 2018 3:28 am
United Kingdom

Re: PR help!!!!! EEA family member divorced

Post by Hanasee » Thu Dec 20, 2018 6:12 am

Obie I was thinking to appoint a solicitor to fight on my behalf, but first wanted to see if it's worth doing that. Is it?

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