EEA2, divorced, what's next? EEA4?

[londonman]

Hi,
Im holding an EEA2 issued this year. Before that I applied for my FP to come to the country and it was issued in 2011.
I've been married with my wife for 3 years and we have been living together here in London for more than 2 years.
Unfortunately, this seems to be not working anymore so we are gonna get divorced.

What's next referring to my immigration status?
Can I apply for EEA4?

I appreciate your help. Thanks.

[askmeplz82]

Hi,
Im holding an EEA2 issued this year. Before that I applied for my FP to come to the country and it was issued in 2011.
I've been married with my wife for 3 years and we have been living together here in London for more than 2 years.
Unfortunately, this seems to be not working anymore so we are gonna get divorced.

What's next referring to my immigration status?
Can I apply for EEA4?

I appreciate your help. Thanks.

15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(b) a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;


However, the Regulations 2006 state that for retained rights of residence.


1. The marriage or civil partnership (gay marriage) should have lasted for at least three years immediately before the divorce process started; and

2. Of that 3 years, the couple must prove that they lived together in the United Kingdom for one year whilst they were married.

3. The Non- EEA (the foreign) spouse should be working, self employed or exercising treaty rights at the time of the application.

4. The EEA national should have been exercising treaty right at the time of the divorce.


so basically you will submit another EEA2 again. it will be issued within 6 months and valid for again 5 years

[londonman]

Hi,
Im holding an EEA2 issued this year. Before that I applied for my FP to come to the country and it was issued in 2011.
I've been married with my wife for 3 years and we have been living together here in London for more than 2 years.
Unfortunately, this seems to be not working anymore so we are gonna get divorced.

What's next referring to my immigration status?
Can I apply for EEA4?

I appreciate your help. Thanks.

15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(b) a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;


However, the Regulations 2006 state that for retained rights of residence.


1. The marriage or civil partnership (gay marriage) should have lasted for at least three years immediately before the divorce process started; and

2. Of that 3 years, the couple must prove that they lived together in the United Kingdom for one year whilst they were married.

3. The Non- EEA (the foreign) spouse should be working, self employed or exercising treaty rights at the time of the application.

4. The EEA national should have been exercising treaty right at the time of the divorce.


so basically you will submit another EEA2 again. it will be issued within 6 months and valid for again 5 years

Well, I've been told by a lawyer that I can apply for EEA4 using the right of residence page as Ive been married for 3 years and living more than 1 in London. I got confused now!

Does anybody else know something?

Thanks!

[Jambo]

He was right that you can apply using EEA4 when you have retained your rights but this can't be applied before 2016 (when you have completed 5 years in the UK). There is no specific application to retain rights. You use the normal application forms just filling in the relevant section. If you wish to have current proof of having retained rights of residence, then EEA2 (the same form you used in the past just with the retained rights sections) is the one to use.

[Obie]

Well the lawyer is wrong. By any reading, you do not qualify for PR and hence you cannot use form EEA 4.