Unusual Retained right of residence after divorce

[ccccp]

Hi every one I am NON-EEA national holding 5 year RC.
Please shear your experience or knowledge as I am really struggling to understand.
The problem is we been residing in UK for 3,5 year but EEA national(wife) was a student with out CSI for 1,5 year and employed for the rest of the marriage. I know if we where leaving some where and come to you UK this would not be a problem as long as we been married for 3 years but we been in UK all the time and now divorced.
Could you please advise me as this is not clear in Directive .In order to retain rights for Non-EEA family member EEA member has to exercise this rights for all duration(3 years) of marriage ?


We have been
1.married for at least 3 years prior to initiation of divorce procedure.
2.employed in UK together for at least 1 year.
3.married leaving in UK for 3 years out of which 1.5 years my wife(German) been a student with out comprehensive silkiness insurance (only German EHC) and I been self-employed at all time legally under UK law (no insurance) for 1,5 year and 1,5 year with Non- EEA Residence Card.
Thanks in advance

[Jambo]

You are fine.

First, a German EHIC can serve as CSI. For students, just the EEA national needs to hold CSI so an long as the German EHIC covers her students years, she was been exercising treaty rights.

Second, to retain residence rights, there is no need for the EEA national to have been exercising treaty rights for the whole residence period. As long as you are married for over 3 years, at least 1 year of residence in the UK and the EEA national is exercising treaty right, you will retain your residence. The missing CSI (which is not your case) would only have meant that you would obtain PR in a later date (after 5 years under the rules).

[ccccp]

Thank you for advise

You are fine.

First, a German EHIC can serve as CSI. For students, just the EEA national needs to hold CSI so an long as the German EHIC covers her students years, she was been exercising treaty rights.

I know that however my scary part is in nov 2010 UKBA refuse my EEA2 on ground not accepting german EHIC as well as demanding cover for me (family member)

Second, to retain residence rights, there is no need for the EEA national to have been exercising treaty rights for the whole residence period. As long as you are married for over 3 years, at least 1 year of residence in the UK and the EEA national is exercising treaty right, you will retain your residence. The missing CSI (which is not your case) would only have meant that you would obtain PR in a later date (after 5 years under the rules).

May you know is there a minimal wage for EAA employment or requirements for NIC as she was getting £100 a week for 1,5 years? we did have for this time Insurance too .

[Jambo]

I know that however my scary part is in nov 2010 UKBA refuse my EEA1 on ground not accepting german EHIC as well as demanding cover for me (family member)

Did she apply as a student or self sufficient? In Nov 2010, the HO didn't enforce the CSI requirement on students. If she was issued with a Registration Certificate as a student before June 2011, she will be exempt from CSI requirement for her time as a student. The HO has changed its policy on CSI since 2010. German EHIC should be accepted now (if this is needed).

May you know is there a minimal wage for EAA employment or requirements for NIC as she was getting £100 a week for 1,5 years? we did have for this time Insurance too .

There is no minimal wage but the work needs to be genuine and effective (those are the directive terms. What this means in practice is not a clear cut). I would say that anything above 10 hours should be fine. Below that might be questionable.

[ccccp]

Did she apply as a student or self sufficient? In Nov 2010, the HO didn't enforce the CSI requirement on students. If she was issued with a Registration Certificate as a student before June 2011, she will be exempt from CSI requirement for her time as a student. The HO has changed its policy on CSI since 2010. German EHIC should be accepted now (if this is needed).

She never applied for registration certificate as consider here self temporary student .I know they start to accept german EHIC since July 2011 if statement of intent is included (temporary in UK). Not sure how I can apply that as there is no transitional arrangements set.

There is no minimal wage but the work needs to be genuine and effective (those are the directive terms. What this means in practice is not a clear cut). I would say that anything above 10 hours should be fine. Below that might be questionable.

I think with minimal £6.19 p/h it is more than 10 hours for sure.

[Jambo]

As I said she doesn't need to exercise treaty rights during the whole 3 years but it seems that she did. Initially as a student (with German EHIC) and later as a worker. Assuming she continues to exercise treaty rights until the divorce is final and you continue to exercise treaty rights afterwards, you will obtain PR in 2 years. There is no need for transitional arrangements for her time as student. For a PR Confrmation application, the HO would accept EHIC as CSI for her students years.

[ccccp]

Thank you so much for sharing your knowledge. I am a bit confuse now.
PR is permanent residence but I will be applying for RRoR EEA4 and I think I must do it asap as I do not retain right automatically( please correct me if I'm wrong) it is granted discretionary?
Divorce has been finalized in September 2012 (of course she was employed all this time) and back to study now for 1,5 years. I am collecting all our bank statements and bills for past 3 years and proof of employment for last year to support my application.

As I said she doesn't need to exercise treaty rights during the whole 3 years but it seems that she did. Initially as a student (with German EHIC) and later as a worker. Assuming she continues to exercise treaty rights until the divorce is final and you continue to exercise treaty rights afterwards, you will obtain PR in 2 years. There is no need for transitional arrangements for her time as student. For a PR Confrmation application, the HO would accept EHIC as CSI for her students years.

[Jambo]

PR is permanent residence but I will be applying for RRoR EEA4 and I think I must do it asap as I do not retain right automatically( please correct me if I'm wrong) it is granted discretionary?

You are correct. You should apply now for RoR using form EEA2 (not EEA4). Let me rephrase:

Assuming she exercised treaty rights until the divorce was final and you retain your rights following a EEA2 application and you continue to exercise treaty rights afterwards, you will obtain PR in 2 years.

I suggest you also keep proof of her time as a student and EHIC for your PC Confirmation application in 2 years time.

[ccccp]

Thank you for pointing out EEA2 as I confuse my self already(divorse is tough times)
Could you please one more time may I go over the supporting documents I'm planning to submit.
1.Decree of Absolute,passport and EEA ID card,covering letter explaining late application
2.Wife EEA employment ,payslips ,letter from employer covering 1,5 year.
3.Me Non-EEA employment: contract,payslips, covering 1 year and I can 2 years of self-employment: statement of income from HMRC and NIC payment,yearly tax returnes copy of invoices maybe letter from accountant.
4. Bank and CC statements and o2 mobile Bills from both of us covering 1,5 or 3 years I got both but just scare to confuse HO.
5. Should I include insurance and Uni letter (this would suggest she was studding and working at the same time for last 1,5 year)

Amount of information given to HO is hard to balance you give to much they got confused and refuse for sake of it, you give to little running the risk of been refused (been divorced is rather difficult to defend my rights).
Not sure should I try to cover 1,5 or 3 and include her insurance and Uni letter?
May I be refused because of late applying (within 2-3 month)?
I think most of the people do not apply straight away if divorce happened oversease.

[Obie]

At the time your divorce was finalised, what was your wife doing? if she was a student, did she hold a CSI?

[ccccp]

At the time your divorce was finalised, what was your wife doing? if she was a student, did she hold a CSI?

Well at the time she was employed and study both to be honest.

[Obie]

Well if she was a student, then you need to show that she holds a CSI.

If she was working at time of divorce, then there is no need to show CSI. However the work will need to be effective and genuine.

The EUropean Health insurance is valid, if a person will be staying on a temporary basis, if there is an intention for longer stay, a CSI will be required.

[ccccp]

Thank you for reply
I do know that and her work was more than 10 hours per week and genuine but I am not sure what to show or both probably is not good option?

Well if she was a student, then you need to show that she holds a CSI.

If she was working at time of divorce, then there is no need to show CSI. However the work will need to be effective and genuine.

The EUropean Health insurance is valid, if a person will be staying on a temporary basis, if there is an intention for longer stay, a CSI will be required.

[Jambo]

Try to make the application simple.

You only need to prove the following:

1. Marriage over 3 years before initiating the divorce.
2. 1 Year of residence in the UK (your previous residence card, some utility bills).
3. Your wife has been a qualified person (exercising treaty rights) at the termination of the marriage (payslips / letter from employer).
4. You are a worker or self-sufficient (payslips/letter from employer for worker, bank statements for self-sufficient) at the termination of the marriage.

For 3 & 4 you don't really need to cover 1.5 or 3 years. Recent payslips or a letter is enough.
Your evidence needs to prove your status at a certain point of time (the divorce) and don't need to cover the whole 1.5 years or the full 3 years.

[ccccp]

Thanks
This is getting much clear like P&L and Balance Sheet -))
For EEA 2 need to prove your status at a certain point of time
For EEA4 need to prove your status over 5 years
Correct me if I am wrong
and please tell me May I be refused because of late applying (within 2-3 month of divorce)? Do I need to send letter to HO advising them regarding my status asap?
I think most of the people do not apply straight away if divorce happened overseas.

Try to make the application simple.

You only need to prove the following:

1. Marriage over 3 years before initiating the divorce.
2. 1 Year of residence in the UK (your previous residence card, some utility bills).
3. Your wife has been a qualified person (exercising treaty rights) at the termination of the marriage (payslips / letter from employer).
4. You are a worker or self-sufficient (payslips/letter from employer for worker, bank statements for self-sufficient) at the termination of the marriage.

For 3 & 4 you don't really need to cover 1.5 or 3 years. Recent payslips or a letter is enough.
Your evidence needs to prove your status at a certain point of time (the divorce) and don't need to cover the whole 1.5 years or the full 3 years.