Retention of Rights of Residence

[jackfruit]

This is a great forum. Thanks to all the volunteers who help each other and share their knowledge.

I have tried finding information on my query and have been unable to get any answer. I am quite confused and would like some clarification. Hope some one have had similar situation and be able to shed some light here. Thanks in advance.

These are dates relevant to my case~:

Married in Aug 2007
Came to UK in Jan 2010
EU spouse full-time student since then till present
RC recieved Jun 2010
Lived together in UK from Jan 2010 till Jun 2012 (all documents available)
Separated in Jun 2012
EU spouse applied for divorce
Decree Absolute May 2013
EU spouse full time student + has comprehensive insurance cover from divorce initiation till decree absolute (Oct 2012 till May 2013)
I am on full-time employment since Jan 2010 till present


My questions are:
1) Can I apply for RoR on the basis that my ex was a student exercising treaty rights?

2) The RoR requires 3 years marriage, 1 year living together in UK and EU spouse exercising treaty rights on the date of divorce initiation till decree absolute and at the same time non-EU (myself) to exercise treaty rights since decree absolute - I tick all boxes, however,
- my ex is unwilling to give me any proof that she was exercising treaty rights on the date of divorce initiation till decree absolute (ie, letter form university or something like that)
What are my options?

[Obie]

She will need to provide you evidence of her studies, except if she retained her status as worker when she started her studies. In any event, evidence of her enrolement will be required.

She will also need to provide evidence of sufficient resource or a declaration signed prior to the divorce, assuring the Secretary of State, that she will not be an Unreasonable burden to the UK social security.

[jackfruit]

She will need to provide you evidence of her studies, except if she retained her status as worker when she started her studies. In any event, evidence of her enrolement will be required.

She will also need to provide evidence of sufficient resource or a declaration signed prior to the divorce, assuring the Secretary of State, that she will not be an Unreasonable burden to the UK social security.

Thank you for the response Obie.

I would like to know if anyone has been in similar situation when ex-spouse wasn't cooperative. Is there any other legal way how this can be proved? I mean obviously, she is still exercising her treaty rights.

Regarding the "unreasonable burden to the UK social security", there is a Comprehensive Medical Insurance in place, the proof which I have access to.