EEA4 SECTION 4 4.13 TO4.16

[joanna2014]

hi folks
my question is regards to section 4 EEA national left the uk after work continually for 6 years
do non eea family member must have to take divorce to prove for retained right of residence ??

please advice
thanks

[Jambo]

do non eea family member must have to take divorce to prove for retained right of residence ??

Yes.

However, if the EEA national has worked in the UK for more than 5 years (and the non EEA national was living with him), there is no need to apply via Retained Right route. Just a standard application (for someone who has been living in the UK for more than 5 years).

[joanna2014]

So what about treaty right coze If no eea person go for deviorce then
Eea citizen not excirsing her treaty rights any more dose it effect coze of her sudden depart
Or dose eea citizen must do treaty while deviorce is in the process
Please
Explain
And also how deviorce work out if the eea citizen left the uk already dose court will chase up her to her home land ????

[too old]

its a weird situation and i think the gurus and moderators should be looking at it,

[Jambo]

Even with a divorce, one needs to provide evidence to prove the EEA national was exercising treaty rights. You can't avoid that.

As I said, what you need is to provide evidence of 5 years treaty rights for the (now left) EEA national.No much point going through retained rights (which also require evidence of the activities of the EEA national)

[joanna2014]

3.3 Applicants not producing a passport

We may exercise discretion and issue a residence card where the applicant proves
his/her identity by producing a Home Office issued identity card (i.e. an ARC card) or
where the applicant produces another form of conclusive evidence that s/he is a family
member of the EEA national (see 4.3 below).

Where an applicant produces a Home Office issued identity card that corresponds to
the person named on the marriage certificate, we can be satisfied that the individual is
the family member of an EEA national and, provided we are satisfied that the marriage
is not one of convenience (see Chapter 5) and we are satisfied that the EEA national is
a qualified person or has a permanent right of residence under the 2006 Regulations,
we would issue a residence card. Where a residence card is issued on this basis, the
applicant‟s previous immigration files should be checked for confirmation that the
applicant is the rightful holder of the Home Office issued identity card.


jambo please have look that

[Jambo]

3.3 Applicants not producing a passport

We may exercise discretion and issue a residence card where the applicant proves
his/her identity by producing a Home Office issued identity card (i.e. an ARC card) or
where the applicant produces another form of conclusive evidence that s/he is a family
member of the EEA national (see 4.3 below).

Where an applicant produces a Home Office issued identity card that corresponds to
the person named on the marriage certificate, we can be satisfied that the individual is
the family member of an EEA national and, provided we are satisfied that the marriage
is not one of convenience (see Chapter 5) and we are satisfied that the EEA national is
a qualified person or has a permanent right of residence under the 2006 Regulations,
we would issue a residence card. Where a residence card is issued on this basis, the
applicant‟s previous immigration files should be checked for confirmation that the
applicant is the rightful holder of the Home Office issued identity card.


jambo please have look that

This section refers to cases in which the applicant can't produce a form of ID or his passport. I don't believe this is your case as the applicant (non EEA) who is in the UK does has his/her passport, correct?

There are other sections in the document that deal with cases of the EEA national not producing ID but still evidence of treaty rights (from the employer/HMRC) would still be required.

[joanna2014]

Thanks. Jambo
I got it