EEA Residence Card

[joel28]

Hi Guys,

One of my friend is married with a EEA national girl since three years. There address has been together more than one year in the host state where he got residence card for five years. But during the time when they had address together. He was working full time in UK. However, he has been travelling to host state after every three month.
According to Directive 2004/38/EC which I understand if someone has been living together for one year and their relations remains more than three year. The non EEA family member still can enjoy the right for residence in the host state. Is it true?

Their total duration of address together is one year. However, it is not continuous for one year. Does it matter?

Now they want to divorce. Would Residence Card of non EEA family member will still be valid?

If they apply for divorce in third country (UK) rather than in host country does it matter?

They have one child and he has EEA Nationality. If his father who is non EEA member could be primary carer. Is he entitled to remain and work in the UK on his child basis?

Any advice would be helpful.

[86ti]

I wonder why they would want to divorce in the UK if they are not resident there. I also wonder how your friend can be resident in another member state when this person works full time in the UK (on a work permit?).

[joel28]

I was expecting proper advice rather than just criticism. There are always exceptional situations.
I would be thankful if some body could put light on these issues.

[86ti]

There are always exceptional situations.

I think you have to give a little bit more information to get the proper help you are asking for. The way you describe the situtation of your friend does make it sound rather strange. From your post it is not obvious where this couple is actually legally resident. To profit from EU law they must be resident together and this residence must be for more than six month per year. It is not clear how this work in the UK fits all in. What is the status of your friend in the UK?

I think the one year must be continuous. And it must be 3 years in total.

[noble72uk]

I think you need to understand the UK Law and immigtation rules .
These instructions contain guidance and information for caseworkers dealing with European applications under the Free Movement of Persons Directive (2004/38/EC).
Have a Look and see the all answers follow this link: http://ukba.homeoffice.gov.uk/siteconte ... dlaw/ecis/

you will find all what you need to know, if the answers ( the Rules) does not suit You then check and confirm with a Solicitor who Deal with the Home office.
All the best