Retaintion of EEA residence, a few doubts

[sheikhazad]

Hi,

I was going through old thread but somehow failed to find answers of my doubts. I am non-EEA national, married to an EEA national for 2.6 years now. We came to UK in May 16, Due to few misunderstanding she decided to start divorce proceedings in end of October/Nov, 2012 (I love her so much & wish we bind together till the time even though she seems firm in her decision). At that time we will be married for 3 years and will be stayed for more than 1 year(few months together and few months separately) in UK. I have EEA residence issued few months back. To retain EEA residence:

1) Do I need to prove that we both lived TOGETHER in UK for COMPLETE 1 year or just is it ok even if we live separately for few months which means we lived together in UK for few months less than 1 year?

2) I do not have anything in our name but separately in the same address like Utility bill is in my name and Telephone bill is in her name but same address. But I dont have these documents in her name for entire year but for few months only.
I also have one salary slip of her in the same address. Also have election card, shopping magazines in her name addressed to my address, letter from HM Revenue etc. Will all these docs prove to be sufficient?


3) Do I need to submit her passport/National card?


4) When I will apply for retaintion of EEA residence? Will it be after getting Absolute Decree or before?

5) Will the letter from her employer before 6 months of application accepted? I mean can I get letter from her employer now and use it when I apply after 6 months?


Thanks a lot guys in advance

[Zerocool143]

All i can say you ought to have comprehensive insurance
And u must have atleast photo copy of her passport and three year evidence of her treaty rights.
You both lived togather proofs are her proof of addresses.
You can apply after five years and you will be covered for sure
Rest all i can save ur relation if u can

[sheikhazad]

Hi Zerocool,

Thanks a lot for the reply. But, I think my doubts are not answered.
As per my knowledge, there is no need for insurance. And no need for 3 years of excercising treaty as what is required is to live 1 year in UK. I am thinking to apply for retention of EEA residence which requires 3 years of marriage plus one year of stay in UK.

Hope some guys, reply me.

[Kitty]

In order to retain a right of residence you must have been married for 3 years before divorce proceedings are initiated. If your wife has already started proceedings, then it looks like you do not qualify.

See Regulation 10(5).

Do you and your wife have any children?

[sheikhazad]

Hello Kitty,

She has not started the proceedings. She decides to do in Nov/December till then we will be married for 3 years. No, I dont have any kid

[Greenie]

So she is waiting until you have been married for exactly 3 years.sounds convenient. When exactly did you come to the UK? How long has your wife been working for?

[sheikhazad]

Hi Guru,

Yes she will wait but by living separately. She has been working since end of July, 2012. All info provided in my opening post.


Still I am eagerly waiting for answers from you guys...

[webbie1902]

A relation had the same problem. Go ahead with the divorce, ensure u keep working. U don't need her passport/card not even a copy. That's what divorce is all about, no more ties. After 5 years apply for ILR and my relations ILR took about 3 months to be issued.