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Applying for Retention of Rights, EEA2, EEA4??

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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javt444
Newly Registered
Posts: 5
Joined: Thu Feb 13, 2014 12:39 am

Applying for Retention of Rights, EEA2, EEA4??

Post by javt444 » Thu Feb 13, 2014 1:12 am

Hi everyone, I m just a bit confused, Here is my situation:
Chilean National, arrived in the UK in June 2007 on a student visa, met my ex partner whilst at school, however after a month he went back to Poland.
In May 2008 he returned to the Uk and has been working full time since.
From June 2007 until July 2010 I was on a Student visa, however we started to live together as a couple since June 2008.
In June 2010 we got married, and a residence permit as the family member of an EEA national was granted using the EEA2 form in November 2010. During the course of our relationship I experienced Domestic Violence several times, I've got plenty of evidence,( Police reports, Doctors letters, etc), In July 2013, I moved out and decided to terminate the relationship after a serious incident with with my ex, and in January 2014 I filed a divorce petition on the unreasonable behavior grounds, decree Nissi pronounced on the 11/02/2014, by the 1st of April the Divorce should become absolute.
Now the question is:
My ex is not willing to provide or cooperate with any documents or information confirming his treaty rights in the UK,however I ve got knowledge of his national Insurance number , places and dates where he has been working since 2008.
Will this information be sufficient together with the domestic violence evidence, to prove or request the Home Office to confirm that's hes been exercising treaty rights in the UK ?
Also will I be eligible to apply for permanent residency using EEA4, on the grounds that I was in a relationship with him for over 5 years, although we were married just for over 3 years ?

I would really appreciate if you could answer my questions.

Thank you very much.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Applying for Retention of Rights, EEA2, EEA4??

Post by askmeplz82 » Thu Feb 13, 2014 2:47 am

June 2010 - Decree absolute date 2014 ( you need to show he was exercise treaty right in the UK after that your exercise treaty right to qualify for PR

But because it's domestic violence you may get help from the Home Office to check his work record but it's not straightforward application. You need help of a Lawyer

you have to wait till June 2015 for PR : but you can apply for EEA2 ( ROR application )

you may want to check this out

https://tribunalsdecisions.service.gov. ... ions/37423
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

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