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EEA residence Retaintion Document-foreign divorce certificat

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sheikhazad
Newly Registered
Posts: 6
Joined: Wed May 09, 2012 7:45 pm
Location: LONDON

EEA residence Retaintion Document-foreign divorce certificat

Post by sheikhazad » Mon Jan 28, 2013 1:15 am

Hello,

I am Indian national, married to a Spanish Citizen who has been working in London. We have been married for 3 years and 3 months and have been in London fore more than 1 year and 9 months. I am working/living in London with EEA residence card issued to me based on my marriage to an EEA spouse. Now our marriage is breaking inspite of my endless efforts.

We did religious marriage in India(Indian government recognise relgious marriage & certificate issued by religious clerics) and we have 3 marriage certificates - i) Issued by religous cleric ii) Issued by embassy of Spain (I have copy of that) based on certificate issued by relgious clerics ii) Issued by govt of India based on certificate issued by relgious clerics

I got EEA residence card issued based on these marriage certificates. My queries are:

1) Will the UKBA recognise the divorce certificate issued by religious clerics in India, recognised by govt of India or attested by notary in India? please note that we will get this divorce through correspondence as we both are currently in London and we can't go India. I want to get it done in India as I can get divorce certificate quicker in India. I don't like to wait for 2 months and 2 week if we divorce in London. Because, in case my application for "EEA Divorce – Retained Rights of Residence" is rejected by UKBA, then I have to rush to Singapore before october, 2013 before expiry of my Singapore permanent residence. I don't like to lose both UK and Singapore residence, at least want to save Singapore PR if I can't get in UK.

2) Due to conflicts, we have been living separately and again together and again separately. I have proof of our residence at the same house for May,2011 (her and mine NHS registration letter) and then we lived separately but still I have utility bill in our names for May,2012 + 3rd May, 2012 UK poll letter + Telephone company's letter in her name May,2012 + Air tickets for travel to Spain from London in December, 2012.
Will these docs sufficient enough to prove that we lived TOGETHER in UK for 1 year?
Do I need to proved that we lived TOGETHER CONTINUOUSLY for 1 year?

Please note that even though we didnt live together continuously, I continuously receive Telephone bill registered in her self-employed company (she is employee but for 2/3 weeks she worked as self-employed, when I apply I will say she is employee only)

3) What will I do if she is not ready to share her current address details? Can I provide her office address in her address column?

4) Is there more chance of acceptance of application if I do through solicitor than doing myself ?

5) Can I provide copy of her spanish passport + residence card? I am sure she will not provide me her original docs.

6) Can I provide copy of my passport? I am afraid that I will not be able to go anywhere if UKBA takes long time.

7) What if she says, we didn't live continuously together for 1 year even though we both live in UK separately? Will it be the ground for rejection of my application by UKBA?

8 ) If I can produce all proofs and I am eligible as per criteria, still are there chances of rejection? What are the possible criteria for UKBA to reject retained residence application?

Thanks a lot for the kind help.

Warm Rgds,
Azad

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