Non eea family :Retention of right after divorce

[Mumsy1982]

Hello everyone, I am new in this forum and will appreciate any help. Here is my brief history : non eea national married in England in April 2008. We lived together in from date of marriage untill jan 2012. Marriage have broken down and divorce I initiated last week. Ex partner has been working since 2009 till date and he is willing to cooperate. I have a resident card untill 2014. I am a full time student midwife, and also working on temporal contract. My question is;
When divorce is finalised, will I still be permitted to continue my training as a student midwife ( an nhs funded program).
- do I need to inform ukba that I am divorce or just continue using my resident card untill expiration date?
- do I really need a solicitor?
- do I need a full time permanent job in order to retain a right of residence?

[EUsmileWEallsmile]

Please go and read the directive article 13 if you haven't already done so. Make sure you understand it.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

[EUsmileWEallsmile]

Hello everyone, I am new in this forum and will appreciate any help. Here is my brief history : non eea national married in England in April 2008. We lived together in from date of marriage untill jan 2012. Marriage have broken down and divorce I initiated last week. Ex partner has been working since 2009 till date and he is willing to cooperate. I have a resident card untill 2014. I am a full time student midwife, and also working on temporal contract. My question is;
When divorce is finalised, will I still be permitted to continue my training as a student midwife ( an nhs funded program).
- do I need to inform ukba that I am divorce or just continue using my resident card untill expiration date?
- do I really need a solicitor?
- do I need a full time permanent job in order to retain a right of residence?

Please see link above, which should answer some of your questions.

It is good that your husband is wiling to co-operate. Do you not have a solicitor helping you with the divorce? If so ensure they are aware of the immigration angle.

Your continued right of residence is described in articles 13 and 14. You will retain right of residence as long as you meet the conditions specified.

The easiest way to retain your right of residence would be to be a worker (though there are others).

I don't know the answer to your NHS funded course. How did you enter it in the first instance? How long has it got to run?

[Mumsy1982]

Thanks for you answer Guru. I am not using a solitor to help get a divorce. i filed for a divorce myself due to having had a very difficult time with ex.
just like student nurses, i got my admission to train as a midwife through ucas. tuition fee is being paid by nhs and we do get bursary ( student grant). I am not sure if my training will be affected when incase i need to retain a right of residence.
If that is the case, could i slow down or keep delaying the divorce process untill i get my permanent resident next year. we live separately at the moment and he is already living with another woman. so i am divorcing him for adultery.

[EUsmileWEallsmile]

I'm sorry to hear about your marriage difficulties. What exactly have you done in terms of filing for divorce? I would suggest that you take some form of legal advice, particularly given your immigration status and being a student.

Generally, you are still entitled to live in the UK as long as your spouse is excising treaty rights (working, etc) until you are divorced. However, your retained right of residence time starts when you start the divorce process (filing for divorce). To retain rights of residence you need to comply with the conditions in article 13 of the directive.

[Mumsy1982]

A solicitor told me that as long as he is working and willing to help, i can ROR. he asked for £1000 to file a divorce for me but i decided to do it myself. I have handed the filled forms to the court already. just waiting to hear from them.
Can i travel while divorce is going on?
i thought retention of rights starts when divorced is finalised??
when i receive the decree nisi, is it possible to hold on to that untill i get my permanent resident before i apply for decree absolute?

also, as divorce is going on, can i apply for permanent residence as separated couple before i finalised divorce? i just dont want to put my training in risk as i have suffered so much for that.

[EUsmileWEallsmile]

A solicitor told me that as long as he is working and willing to help, i can ROR. he asked for £1000 to file a divorce for me but i decided to do it myself. I have handed the filled forms to the court already. just waiting to hear from them. It's a pity you didn't fully understand the implications before you started the divorce process.
Can i travel while divorce is going on? - Yes.
i thought retention of rights starts when divorced is finalised?? - Not according to article 13, it says commences.
when i receive the decree nisi, is it possible to hold on to that untill i get my permanent resident before i apply for decree absolute? - you might not get PR unless you comply with the requirements of article 13.

also, as divorce is going on, can i apply for permanent residence as separated couple before i finalised divorce? i just dont want to put my training in risk as i have suffered so much for that. you would qualify for PR if you lived in the UK with EU spouse who exercised treaty rights until divorce proceedings commenced and then on your own basis under article 13

Some comments above. You need to read and understand article 13 of the directive.

[Mumsy1982]

Thanks mate. i truly appreciate your comments. i have read the directive but its kind of not straight to understand. ok one more question,
Can i travel and enter back return back without any problems as divorce has been initiated?
am i suppose to tell UKBA or just wait untill divorce is finalised?

[reda]

so i am divorcing him for adultery

did he agree with you about this?,it was wiser to divorce him on the ground of bad behavior.you could make him angry and may challenge the divorce which will take more time to finalise.

he is willing to cooperate.

the divorce will take more than 4 months, don't trust his words as he could change his mind at any moment,for be save let him write for you letter to land revenue asking for his employee history letter but don't send it till the divorce is finalise(degree absolute) as you must show he is exercising treaty right till degree absolute.

[Mumsy1982]

if divorce is not finalised by the time i qualify for PR, can i apply for PR as separated rather than divorce since divorce is not finalised?

[reda]

if divorce is not finalised by the time i qualify for PR, can i apply for PR as separated rather than divorce since divorce is not finalised?

theoretically yes,but you need your ex passport and if you filled the petition you already hand over your certificate of marriage (may cover letter do the work)
beside prof of cohabitation which I'm not sure if living separately is acceptable

[Mumsy1982]

if divorce is not finalised by the time i qualify for PR, can i apply for PR as separated rather than divorce since divorce is not finalised?

theoretically yes,but you need your ex passport and if you filled the petition you already hand over your certificate of marriage (may cover letter do the work)
beside prof of cohabitation which I'm not sure if living separately is acceptable

yes i sent marriage certificate with petition but i still got another copy as i initially had two. is it ok to send the copy of marriage cert with me while divorce is going on?

[reda]

yes i sent marriage certificate with petition but i still got another copy as i initially had two. is it ok to send the copy of marriage cert with me while divorce is going on?

all the document should be original,otherwise you application will be rejected at the first check.

[Mumsy1982]

yes i sent marriage certificate with petition but i still got another copy as i initially had two. is it ok to send the copy of marriage cert with me while divorce is going on?

all the document should be original,otherwise you application will be rejected at the first check.

thnx. the marriage certificate is not a copy. its a second copy i requested just incase i misplace the the other one.

[EUsmileWEallsmile]

Thanks mate. i truly appreciate your comments. i have read the directive but its kind of not straight to understand. ok one more question,
Can i travel and enter back return back without any problems as divorce has been initiated?
am i suppose to tell UKBA or just wait untill divorce is finalised?

According to the terms of the directive (articles 13 and14) you should be fine. I'm not saying that you won't get hassle at the airport, but your right of residence will not be affected if you comply with article 13.

[EUsmileWEallsmile]

if divorce is not finalised by the time i qualify for PR, can i apply for PR as separated rather than divorce since divorce is not finalised?

If you were very close to attaining PR, you might have considered achieving it before petitioning for the divorce. Now that you have started divorce proceedings, you need to comply with article 13.

[EUsmileWEallsmile]

Thanks mate. i truly appreciate your comments. i have read the directive but its kind of not straight to understand. ok one more question,
Can i travel and enter back return back without any problems as divorce has been initiated?
am i suppose to tell UKBA or just wait untill divorce is finalised?

Are there specific things you don't understand about the directive, especially article 13? If so feel free to ask until you do understand.

[Mumsy1982]

Thanks mate. i truly appreciate your comments. i have read the directive but its kind of not straight to understand. ok one more question,
Can i travel and enter back return back without any problems as divorce has been initiated?
am i suppose to tell UKBA or just wait untill divorce is finalised?

Are there specific things you don't understand about the directive, especially article 13? If so feel free to ask until you do understand.

thanx,
i do understand but my problem is the nhs funded program i am ungoing. my midwifery training will not end untill nov 2013. what if divorce is not finalised before may 2013 when i qualify for permanent residence. ofcourse, i understand i am still legally married until divorce is finalised.
my ex accepted to the divorce idea because i initiated it. he sleeps with anything in skirt...
what if i withdraw divorce petition from the court??