retaining right of residency help

[katrinkae13]

Hi,My situation is this
-Non-EEA national
-Currently married to EEA nationa but in process of divorce
-Been married for 4 years for now and living all that time together(have bills to prove council tax and tenancy agreements)
-not living together now(for few months) and not in any comunication and have no access to any kind of his documents(such as tax details etc.)as he is self employed so am not able to provide evidence of him paying taxes

-am in full time job and not claiming any benefits and did not claim before as been working for almost 6 years(since came to UK)9able to provide those)
-have an EEA family member card valid till 2014 which will become invalid(I assume)when the divorse is finalised
-am in a new relationship at the moment and plan to get married next year
My questions are:am I able to retain right of residence according to that situation?
Can I travel at the moment(while the divorse proceding)?
How do I go about retaining right of residence(What is the application process and when I can apply-after the divorce is finalised or can I apply now)?
Thank you in advance for any help

[mcovet]

My questions are:am I able to retain right of residence according to that situation? On the face of it- yes. It will depend if ur husband will be a qualified person AT THE TIME divorce is finalised, self-employed and in the country. With his NINO it is traceable but without his assistance you will have a potentially long resolution with the UKBA.
Can I travel at the moment(while the divorse proceding)? Again, your status in the country depends on your husband at any particular time, and regardless of whether u live together or not does not matter as such. What would matter is a legitimate question of the border guard as to where ur husband is, to which u may reply the truth. Even if at that stage the inmigration officer disagrees, u have the in-country right of appeal so they cant just deport u. And as such, u will ultimately have to finalise the situation whether through a court (as the UKBA are likely to refuse your application based on potential lack of proof of your husband's exercise of treaty rights) or with the UKBA agreeing first time. It is also important to check if your husband did or did not automatically acquire PR himself by having worked etc for 5 years in the uk. There are basically loads of different scenarios and it is always easier if u could have hus assistance (understandably impossible in most cases) or at least certified copies of his tax returns etc proving his status over the years in the uk.
How do I go about retaining right of residence(What is the application process and when I can apply-after the divorce is finalised or can I apply now)?
You can only apply if your divorce is made final. So, issue petition->decree nisi-> decree absolute, only after the last stage. You would apply on form eea2 and only if u were married for less than 5 years, otherwise u apply on form eea4 as a family member (even if u divorced later) when did u get married and when did u and him (if he entered first) enter the uk?

Good luck

[katrinkae13]

Hi,
Thank you for your help.
As to the quiestion:I met him in uk while beeing a student.He is living in UK for approximately 8 years(from 2004) I have been here since January 2006.
I have only one document of his tax return and it is from 2008(time when we got married and I was applying for residence card),afterwards I did not think about it,thought everything will be ok so he was keeping all his documents.Though I have counsil tax bills in both our names from 2008 to 2012.I don't know if that is of any help,as in regards to treaty rights.as one of options there is that he should have been self sufficient and not on benefits.So I thought it may help as he and me been paying full concil tax meaning we were not getting any benefits and I can prove that I been working all that time as well.

Thanks