Advice needed with EEA visa after Divorce

instavision94 · Post by **instavision94** » Sun Jun 05, 2011 10:13 pm

First of all thank you for taking your time to read my topic.

I am an Non EU national (Sri Lankan) married to an EU national (Slovakian) I have been in the UK since 2003. I got married to my current partner in april 2008. We have been together for over 5 years but have been married to her for just over 3 years.

I applied for the EEA family visa in July 2008 but only got my 5 year family visa in July 2009 which is valid till July 2014. She has been a student for the last 3 years completing her BA this year and looking to do her masters. She has not been working except during summer holidays with some odd jobs. I am currently employed and have been working for the same employer for 4 years.

Things are not as good as before and the relationship has turned sour. We have been living together for 3-4 years and since the relationship is not working we are planning to get divorced. Being adults and mature we are still in talking terms and still living together even though the marriage has failed. She is looking to move out in the next few months once she has a place at the university.

This leaves me with a few questions which I hope some of you experts can answer. Having lived in the UK for 8 years this is my adopted home and would love to live here for the rest of my life like a loyal citizen. I have never been out of work, have enough resources to fund myself and never claimed benefits.

The questions I have are:

1)Do I have to notify Home office before or after the divorce?
2)What happens to my current immigration status?
3)Will I be able to retain right of residency?
4) What happens to my current visa?
5) If I retain my right of residency will I be able to apply for PR after my visa expires in july 2014
6) Is retaining residency totally based on discretion by home office?
7) I have utility bills, bank statements, NHS card, insurance, p60s, letters from university (for my wife) and all supporting documents. I have read in the forum that i would need something to say on the day of the divorce my wife needs to be exercising treaty. So is it adviseable to get a letter from the university to suggest that my wife is currently a full time student (provided she co-operates)? or is there any other documents I would need?

Any suggestions or advice will be very much appreciated.

Kind Regards

Post by **Directive/2004/38/EC** » Mon Jun 06, 2011 4:33 pm

Suggest you read http://ec.europa.eu/justice/policies/ci ... nt_low.pdf and read especially the sections on Divorce.

Divorce or termination of registered partnership
Your third country family members can acquire an autonomous right to reside if, prior
to initiation of the divorce proceedings or termination of the registered partnership, the
marriage or registered partnership has lasted at least three years, including one year in the
host EU country.

Also read through existing threads here...

instavision94 · Post by **instavision94** » Mon Jun 06, 2011 11:14 pm

Can some one with a similar experience provide some answers to my above questions. Thanks

Post by **PaperPusher** » Mon Jun 06, 2011 11:19 pm

I'm still happily married.

Post by **Directive/2004/38/EC** » Mon Jun 06, 2011 11:40 pm

Tell me what research you have already done about the situation and what you have found. It feels like you are trying to outsource that part of it...

instavision94 · Post by **instavision94** » Tue Jun 07, 2011 9:46 pm

Hi,

Thank you for the reply again. I have gone through everything on the link, forums, websites and here are the extracts from my findings. I would like some real life examples as something written in black & white may not always necessarily be the best way to interpret facts.

My findings so far based on my scenario: Please correct me if i am wrong.

1)since I am married for more than 3 years I can automatically retain right of residency if the divorce happens provided my wife is exercising treaty which she is as a full time student

2) after completion five years ( iam currently on my 3rd year of my visa) I can apply for PR

However the question about how to apply to retain my residence after the divorce is unanswered.

Also have questions about the documents which I would need remains as a question.

I fully appreciate and am grateful that you have taken time and sent me the link but a tailor made answer to my questions is what I am looking for.

This will help me to mentally prepare with the questions I have rather than looking for an answer in a link.

I guess I have to see a lawyer to get some taylor made answers to my questions. If you can recommend any lawyers I will be obliged.

instavision94 · Post by **instavision94** » Thu Jun 09, 2011 9:09 pm

I need answers from people who have had a similar issue.

1)Do I have to notify Home office before or after the divorce?
2)What happens to my current immigration status?
3)Will I be able to retain right of residency?
4) What happens to my current visa?
5) If I retain my right of residency will I be able to apply for PR after my visa expires in july 2014
6) Is retaining residency totally based on discretion by home office?
7) I have utility bills, bank statements, NHS card, insurance, p60s, letters from university (for my wife) and all supporting documents. I have read in the forum that i would need something to say on the day of the divorce my wife needs to be exercising treaty. So is it adviseable to get a letter from the university to suggest that my wife is currently a full time student (provided she co-operates)? or is there any other documents I would need?

Any suggestions or advice will be very much appreciated.

bobobo · Post by **bobobo** » Fri Jun 10, 2011 2:01 am

Like Directive/2004/38/EC
said, what research have you done. There are hundreds of posts that deal with this issue and have been discussed several times in great detail. I would advise you to go throught the posts by doing a keyword search and then maybe ask specific questions that you may have specific to your case.

instavision94 · Post by **instavision94** » Sat Jun 11, 2011 9:46 pm

I will do that. Really appreciate your help.

instavision94 · Post by **instavision94** » Thu Jun 23, 2011 10:07 pm

Hi,

what documents will I need to submit to home office to retain right of residency?

I have a fair idea ...please let me know if there anything else i may neeed.

a) marriage certificate
b) divorce certificate
c) proof to confirm been living together for 3 years (bank statements, letters, Utility bills etc)
d) My passport.
e) My pay slips for 5 years
f) Since my wife has been a student for the last 3 years and will be a student till 2012 I need letters and other supporting documents from university
g) Comprehensive insurance

Questions I have:

a)Will I have to submit my wifes passport/id card?

b) I had comprehensive insurance for the first year... did not have insurance in the second year and I have insurance for the 3rd year.... will this be an issue since I had no insurance for a year?[/b]

C) The bank statements I have suggests I am overdrawn ( However I have invested all my savings in shares over 14k with proof) would this cause any problems

d) Any other document i may need..?

Thanks in advance for your answers.

bobobo · Post by **bobobo** » Fri Jun 24, 2011 1:13 am

instavision94 wrote:Hi,

what documents will I need to submit to home office to retain right of residency?

I have a fair idea ...please let me know if there anything else i may neeed.

a) marriage certificate
b) divorce certificate
c) proof to confirm been living together for 3 years (bank statements, letters, Utility bills etc)
d) My passport.
e) My pay slips for 5 years
f) Since my wife has been a student for the last 3 years and will be a student till 2012 I need letters and other supporting documents from university
g) Comprehensive insurance

Questions I have:

a)Will I have to submit my wifes passport/id card?
If you are divorced the HO will not ask you for your ex's passport as long as you have received an FP from the HO previously

b) I had comprehensive insurance for the first year... did not have insurance in the second year and I have insurance for the 3rd year.... will this be an issue since I had no insurance for a year?[/b]
You should get away with it I would reckon, but difficult to say anything with the HO

C) The bank statements I have suggests I am overdrawn ( However I have invested all my savings in shares over 14k with proof) would this cause any problems
You dont need your bank statements as such as long as you can prove you are working and have a stable income every month and you would not recourse to public funds

d) Any other document i may need..?
Make sure you send the decree nisi and absolute so that HO can see the Divorce was initiated after 3 years of marriage. This is something they will keep an eye out for. Also a letter from HO confirming your ex was a student, when she started the course and the proposed end date

Thanks in advance for your answers.

instavision94 · Post by **instavision94** » Fri Jun 24, 2011 6:42 pm

d) Any other document i may need..?
Make sure you send the decree nisi and absolute so that HO can see the Divorce was initiated after 3 years of marriage. This is something they will keep an eye out for. Also a letter from HO confirming your ex was a student, when she started the course and the proposed end date

Thank you so much for clearing my doubts. However the last quote " Also a letter from HO confirming your ex was a student, when she started the course and the proposed end date"

Will I need a letter from the HO or my wifes University confirming she has been a student for the last 3 years and she will be enrolling in a masters degree in sep 2011 to 2012

bobobo · Post by **bobobo** » Sat Jun 25, 2011 7:35 am

Sorry mate, a letter from the University to the HO confirming the facts. sorry for the confusion.

instavision94 wrote:d) Any other document i may need..?
Make sure you send the decree nisi and absolute so that HO can see the Divorce was initiated after 3 years of marriage. This is something they will keep an eye out for. Also a letter from HO confirming your ex was a student, when she started the course and the proposed end date

Thank you so much for clearing my doubts. However the last quote " Also a letter from HO confirming your ex was a student, when she started the course and the proposed end date"

Will I need a letter from the HO or my wifes University confirming she has been a student for the last 3 years and she will be enrolling in a masters degree in sep 2011 to 2012

instavision94 · Post by **instavision94** » Tue Jun 28, 2011 8:24 pm

Thank you so much. You have been very helpful.

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Advice needed with EEA visa after Divorce

Advice needed with EEA visa after Divorce

Thanks

My research

answers please

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Documents required to retain residency?

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