Retention of Rights for Non EEA family member after divorce

[ribena]

Hi all
Hope you are able to advise me. I have read in the forum and I think I have met the
requirements to retain the rights derived from my ex.

Background:
Married Dec-07
Decree Absolute pronouned in Jul-11
Been married for more than 3 years and both of us been residing in UK since May-08.
I have been working all these times, supporting both of us (Am I considered as'self-sufficient?)


My questions are:
1. Now that I want to start on RoR, do my ex still has to be in UK?

2. As we are renting a room, all bills are included in the rent and we only have a simple Lodger
Tenancy Agreement. We have no other bills in our name/s. He has no bank account or anything in his name
to show that he was/is living with me.

3. I could only think of the court letters to him in his name to the current address. Is this sufficient to proof that
he has been living with me prior and during the divorce stage? And explain in the cover letter to HO why there isnt any bills in
our names.

I read that he has to be in the country till the Absolute in order for me to retain the rights
and he is free to go after that? I am sorry I don't remember where I read it from.

Look forward to hear from you.

Many thanks

[bobobo]

Hi all
Hope you are able to advise me. I have read in the forum and I think I have met the
requirements to retain the rights derived from my ex.

Background:
Married Dec-07
Decree Absolute pronouned in Jul-11
Been married for more than 3 years and both of us been residing in UK since May-08.
I have been working all these times, supporting both of us (Am I considered as'self-sufficient?)

You will not be considered Self Sufficient but Employed. Self Sufficient is hwen you have ample money saved and in your account that you dont need to work and will not be a liability on the state.

My questions are:
1. Now that I want to start on RoR, do my ex still has to be in UK?

Ex should be in the country and exercising treaty rights until the decree absolute has been granted, and you should be able to prove this by providing employment confirmation, Tax returns or a/c letter if self employed, etc
2. As we are renting a room, all bills are included in the rent and we only have a simple Lodger
Tenancy Agreement. We have no other bills in our name/s. He has no bank account or anything in his name
to show that he was/is living with me.

You will need to prove co-habitation or atleast some prove that you were living in the UK if not togethor. Not sure if tenancy agreement alone would suffice what about mobile bills, NHS card,your bank statement, Payslips,council letters, etc
3. I could only think of the court letters to him in his name to the current address. Is this sufficient to proof that
he has been living with me prior and during the divorce stage? And explain in the cover letter to HO why there isnt any bills in
our names.

Not sure, havent heard of this before that there was no proof of co habitation for 3 years. Not even NHS card
I read that he has to be in the country till the Absolute in order for me to retain the rights
and he is free to go after that? I am sorry I don't remember where I read it from.

That is correct you will need to prove that your Ex Spouse excerised treaty rights in the UK for the time of the marriage especially from Divorce initation to Decree absolute.
Look forward to hear from you.

Many thanks

[ribena]

Hi Bobobo.
Thank you for your reply.

Re to the answers you have given:
1. Ex is still in the country at this moment. He has been here for the whole divorce procedure. I can't provide any proper proof because he doesn't work and I have been working/self employed and supporting us(rent/house hold expenses etc)

2. I have my bank statements/P60/wage slips/driving license/letters from NHS etc but they are all on my name. Like I mentioned before, I need to show proof, I only have photos of our last holiday we took last year/hotel bookings.Andtickets which was purchased last Dec for this year holiday but never used. Mentioned in my post, we are renting a room and all bills included.No other bills or council tax etc in any of our name. No landline in the house/PAYG mobile.

I understand I need to proof that we are living together or on the same address.. will the court letters addressed to him on our current address not enough?

I guess I just have to submit as much as I can and hope for the best??

[bobobo]

Sorry but I think you have a bigger issue on your hands. Is/Was your spouse at any time working, studying, running a business in the UK or was declared not fit to work. I am not sure how your ex spouse was actually exercising treaty rights in the UK.

As far as I am aware you need to prove that your EX spouse was exercising treaty right sin the Uk.

I am not sure what would happen in your sitiation, maybe someone else can answer this question

Hi Bobobo.
Thank you for your reply.

Re to the answers you have given:
1. Ex is still in the country at this moment. He has been here for the whole divorce procedure. I can't provide any proper proof because he doesn't work and I have been working/self employed and supporting us(rent/house hold expenses etc)

2. I have my bank statements/P60/wage slips/driving license/letters from NHS etc but they are all on my name. Like I mentioned before, I need to show proof, I only have photos of our last holiday we took last year/hotel bookings.Andtickets which was purchased last Dec for this year holiday but never used. Mentioned in my post, we are renting a room and all bills included.No other bills or council tax etc in any of our name. No landline in the house/PAYG mobile.

I understand I need to proof that we are living together or on the same address.. will the court letters addressed to him on our current address not enough?

I guess I just have to submit as much as I can and hope for the best??

[imraniqbal2010]

Hi Bobobo.
Thank you for your reply.

Re to the answers you have given:
1. Ex is still in the country at this moment. He has been here for the whole divorce procedure. I can't provide any proper proof because he doesn't work and I have been working/self employed and supporting us(rent/house hold expenses etc)

2. I have my bank statements/P60/wage slips/driving license/letters from NHS etc but they are all on my name. Like I mentioned before, I need to show proof, I only have photos of our last holiday we took last year/hotel bookings.Andtickets which was purchased last Dec for this year holiday but never used. Mentioned in my post, we are renting a room and all bills included.No other bills or council tax etc in any of our name. No landline in the house/PAYG mobile.

I understand I need to proof that we are living together or on the same address.. will the court letters addressed to him on our current address not enough?

I guess I just have to submit as much as I can and hope for the best??

But your documents proof is not sufficient,As you are the dependent of EEA national,HO need documents proof from both,that EEA national has been residing in uk

[ribena]

Hi
He is not working but with me supporting him does it not considered as self sufficient/not a burden to public fund?And he has his comprehensive insurance still. It was the same situation when we applied for my EEA2. Our situation has been not 'changed' in last 3 years,with me working and supporting both of us. The only changes is now we are divorced.

I understand my proof is not enough that is WHY I am asking for help to see if the court docs is enough or the tenancy agreement or tickets/hotel bookings booked for last year holidays which was on his name and our current address.

I understand what I have to do. I am having trouble to identify which proof/docs I can use to proof we have been living together before and during the divorce proceeding.

Thanks