Retention of Rights PLEASE HELP!!!

[britzilian]

Hello All,

I just join the forum today and already found the information being shared here is invaluable, well done to everyone!

I currently hold a RC that is still valid for another 3 years and I am on the process of requesting the retention of rights and my case is as follows:

1-Was married to an EEA national for 22 years and we have a soon,he is 22 years old;
2- She came to the UK in 2006 and I arrived late 2007.We moved in the UK to try to recoup but it didn't work so we went apart after about 14 months leaving together. I have documents to back this up like a letter from the local council stating mine and her name and other docs with my name on the same address for that period of time

3 -I have proof that I have been working since I arrived or that I have been exercising my treaty rights and I have documents to back this up too!!

4- Here is the catch: my ex wife was not working at the time that the divorce was finalized, in fact she was claiming benefits at the time and I was also helping with money!

Based on the facts above do you guys believe that I'll be able to retain my visa? is it worth trying at all?

I have requested the help of a immigration lawyer but Im afraid he will not be able to do much if I can not fulfill some pre-requisites.

I need all the help I can get guys so all comments welcome!!

Many Thanks.

[britzilian]

Hi All,

Is there anyone that can help with my querie? Please?

thank you.

[John]

my ex wife was not working at the time that the divorce was finalized, in fact she was claiming benefits at the time

More detail please. So before "ex wife was not working", what was she doing? For example, was she employed, and then she lost her job, and started claiming benefits? And those benefits including JSA ... job-seeking allowance?

Also, when was the divorce petition presented to the Court? From when you started to exercise Treaty Rights in the UK, how long was it until the divorce petition was presented to the Court?

[britzilian]

my ex wife was not working at the time that the divorce was finalized, in fact she was claiming benefits at the time

More detail please. So before "ex wife was not working", what was she doing? For example, was she employed, and then she lost her job, and started claiming benefits? And those benefits including JSA ... job-seeking allowance?
Yes, She was working since she first arrived in the UK in 2006 and then she lost her job about oct/nov2009. She started claiming benefits 2 or 3 months after she lost her job.

Also, when was the divorce petition presented to the Court? From when you started to exercise Treaty Rights in the UK, how long was it until the divorce petition was presented to the Court?
We were married in Brazil therefore the divorce was also done over there by power of attorney give to mine and her lawyer. This process takes around 2 months. When the divorce was signed by the Judge back in Brasil she was still claiming housing and JSA. Around 2 months after the divorce was granted she got herself another job and has been employed since.

In terms of treaty rights I also have been working since I arrived specially in the last 2 and a half years where I've been employed by a big company and have been paying taxes and NI.
So do I have a case?
Thanks for taking the time to reply John.
Cheers.

[John]

when was the divorce petition presented to the Court?

Can you answer that question please? And also say when the Judge actually granted the divorce?

[mastermind]

In order to exercise her treaty rights your ex wife did not have to be necessarily working, being self-sufficient via being financially supported by you is also OK to execute treaty rights.
I'm not sure how her claiming benefits would affect your situation though.

[britzilian]

when was the divorce petition presented to the Court?

Can you answer that question please? And also say when the Judge actually granted the divorce?

Hi John,
I'd need to double check that info on the divorce certificate which is with my other documents at the lawyer but I think all happen in June/July 2009.
I hope this helps!
Tks Again!

[John]

She was working since she first arrived in the UK in 2006 and then she lost her job about oct/nov2009.

That being the case, when she was employed she was exercising Treaty Rights as a "worker", and she continued to have that status when she lost her job and became unemployed, given that no doubt she was actively seeking a new employment.

So as regards :-

my ex wife was not working at the time that the divorce was finalized

-: she was still exercising Treaty Rights as a "worker", even though unemployed.

[britzilian]

She was working since she first arrived in the UK in 2006 and then she lost her job about oct/nov2009.

That being the case, when she was employed she was exercising Treaty Rights as a "worker", and she continued to have that status when she lost her job and became unemployed, given that no doubt she was actively seeking a new employment.

So as regards :-

my ex wife was not working at the time that the divorce was finalized

-: she was still exercising Treaty Rights as a "worker", even though unemployed.

Thats a good point but as for what the "lawyer" is telling me, I have no chance as "she" was not excercising her treaty rights at the time that the divorce was signed by the judge therefore I have no case!

Im beggining to think that he (the lawyer) is not too intersted in fiting for my case despite having taken 200 notes from me already just to assess my case! I think I got shafted don't you think?

Anyway, based on your comment above I'll go ahead and submit the app to HO as soon as I finish gathering the last few bits of documents I think are relevant.

Please place any further comments if you so wish, all information at this point is highly relevant and important.

Cheers John.

[John]

I have just looked up the detailed regulations. Click here to download.

Having done that, have a read of reg. 6(2)(b) in particular. When the divorce decree was issued by the Judge, did she meet the details of that sub-regulation?

[britzilian]

I have just looked up the detailed regulations. Click here to download.

Having done that, have a read of reg. 6(2)(b) in particular. When the divorce decree was issued by the Judge, did she meet the details of that sub-regulation?

I dowloaded the attachment, and will take home and have a read!

Many thanks again John!

Have a great weekend.

[John]

If she does meet the terms of that, I think you need to ask for your £200 back!

[britzilian]

If she does meet the terms of that, I think you need to ask for your £200 back!

Send email to solicitor, still waitng a reply, I think I might do it on my own and hope for the best...

watch this space...

[John]

Who is this "immigration lawyer"? No don't post their name! But do post, who are they registered with? OISC? The Law Society? Or who? Simply, who is giving them the legal right to carry on an immigration business?

[britzilian]

Who is this "immigration lawyer"? No don't post their name! But do post, who are they registered with? OISC? The Law Society? Or who? Simply, who is giving them the legal right to carry on an immigration business?

I his card it shows that he is registered with OISC. Just got an email back from then confirming that I have no case and that my case is closed! Not impressed at all!
He told me on the email that the immigration law reference I provided was incorrect as I am not a EEA family member as I am divorced!
quote
"In respect to the extract from your own research, please note that Regulation 6 applies to family members or EEA Nationals, and you are divorced and should be looking at Regulation 11,"
unquote"

Anyway, I decided to do it on my own so I'll need all the help I can get from now on! Can you just confirm if the form I need is the same EE2?

Thanks for your support John! it is much appreciated.

Regards,
Cleber.

[John]

Can you just confirm if the form I need is the same EE2?

You are intending to make an application soon? For a new Residence Card, based upon the fact that you have retained rights? If so, yes, form EEA2.

Or if you are waiting until nearly 5 years in the UK, use form EEA4 for an application for Permanent Residence.

"In respect to the extract from your own research, please note that Regulation 6 applies to family members or EEA Nationals, and you are divorced and should be looking at Regulation 11,"

He has missed the point totally. The point is the need to show that your wife was a "qualified person" at the time of the divorce. She is an EEA Citizen. And reg. 6 deals with the definition of qualified person.

If your wife was not a qualified person, as defined, you would have no ability to have retained rights.

Reg. 11? I can't see how that is relevant at all. If he had mentioned reg. 10, well that would have made sense, given that deals with retained rights.

If I were you I would make a formal request for repayment of the £200 you have paid, and add something like ".... Hopefully this matter can be resolved satisfactorily without the need to contact OISC." Or you might be inclined to contact OISC anyway.

[britzilian]

Hi guys,

Does anyone know if there is anyway to know if my visa has been cancelled of not? my ex-wife made an apllication for her dad as EEA family member and she declared that she was divorced! I have been asked to go to Italy for work and im afraid to go and not be able to enter the UK again!

Thanks in advance for all your help so far!
Cheers.

[m369]

Hi, please advice me,

1.how can I apply for non-eea nationals 'retention of right' following divorce?

2.is there any form?

3. Also do I have to or, when should I let home office know about the divorce?

I was advised from HO by phone to carry on and apply on ee4 as soon as the resident card expire, but most probably I won't be able to provide my ex-'s ID/ passport / and payslips that time (can show payslips up to the divorce).

Following is my details.

a. Got married on april 2006. my ex did not work from jan-oct 2006.

b. my ex starts to work from nov 2006 and got worker registration card on dec2006 under WRS.

c. I Applyed for FMRS in dec2006, waited 1 year, finaaly got my Resident card on jan 2008 instead of FMRS.
Got most of my ex's pay slips from nov 2006 till now (till the initiation of divorce).

d. Got proof of address from jan2006 till now.

e. Divorce process is on going, just few months before the complete 5 year is finished on nov 2011, but most probably we will be divorced way before nov.

What shall be my next move? please help--bit confused now.

Thank you

[britzilian]

Hi, please advice me,

1.how can I apply for non-eea nationals 'retention of right' following divorce?

2.is there any form?

3. Also do I have to or, when should I let home office know about the divorce?

I was advised from HO by phone to carry on and apply on ee4 as soon as the resident card expire, but most probably I won't be able to provide my ex-'s ID/ passport / and payslips that time (can show payslips up to the divorce).

Following is my details.

a. Got married on april 2006. my ex did not work from jan-oct 2006.

b. my ex starts to work from nov 2006 and got worker registration card on dec2006 under WRS.

c. I Applyed for FMRS in dec2006, waited 1 year, finaaly got my Resident card on jan 2008 instead of FMRS.
Got most of my ex's pay slips from nov 2006 till now (till the initiation of divorce).

d. Got proof of address from jan2006 till now.

e. Divorce process is on going, just few months before the complete 5 year is finished on nov 2011, but most probably we will be divorced way before nov.

What shall be my next move? please help--bit confused now.

Thank you

Dear M369,
I do sympathize with your situation but please can you start your own tread? I don't want to confuse the subjects here!!!
Thanks again and good luck.

[bobobo]

Moreover All these are generic questions and there are many posts here that deal with these questions. please search before you ask the obvious.
Also agree with britzilian, you shouldnt hijack his post with your problems.

Hi, please advice me,

1.how can I apply for non-eea nationals 'retention of right' following divorce?

2.is there any form?

3. Also do I have to or, when should I let home office know about the divorce?

I was advised from HO by phone to carry on and apply on ee4 as soon as the resident card expire, but most probably I won't be able to provide my ex-'s ID/ passport / and payslips that time (can show payslips up to the divorce).

Following is my details.

a. Got married on april 2006. my ex did not work from jan-oct 2006.

b. my ex starts to work from nov 2006 and got worker registration card on dec2006 under WRS.

c. I Applyed for FMRS in dec2006, waited 1 year, finaaly got my Resident card on jan 2008 instead of FMRS.
Got most of my ex's pay slips from nov 2006 till now (till the initiation of divorce).

d. Got proof of address from jan2006 till now.

e. Divorce process is on going, just few months before the complete 5 year is finished on nov 2011, but most probably we will be divorced way before nov.

What shall be my next move? please help--bit confused now.

Thank you

[m369]

hi britzilian, thanks. think I mistakenly posted in ur topic instead of my own. sorry mate I just joined the forum today. take care