Retained Right URGENT HELP!!!

[Zigi]

Big up to all the talented and most importantly moderators and organizers of the forum.

I am in dire need of professional and informed advice. I am non EEA married to EEA national in 2009 and issued RC based on partners self employment 2010.

I and partner have separated for about 2yrs now and I can not get reliable information of partners qualified status regarding treaty rights. Partner had not worked from sept last year but was registered as employed within that period till about April 2012. Though I saw receipt of registration with Job Centre dated August 2013 for JSA, I suspect and confidently believe partner had remained on JSA and other possible benefit from when work stopped Sept. last.

Question: ? though partner has re-register for self employment but still on JSA and divorce is proceeding is ongoing at the minute, will I be able to have "retained right or residence on termination of marriage please?

[Obie]

Maybe not. It will all depend on the circumstance of her jobseeking and the length of time she has been on it.

How long has your partner been in the UK for, and during this period, has she always been a qualified person.

[Zigi]

Partner is A8 and has been in the UK since 2006 but has not remained qualified. Partner was self employed from around Nov 09 to about Jan/feb 2011 while working same time but only register and obtained WRS feb 2011. and worked continuously till last year Sept.

[Obie]

You may succeed. Question that are fact sensitive are usually more difficult to deal with on the forum, than question of law.

[Zigi]

Obie you are a star. Thank you so much for the marvelous job.

when you say may, does it mean may also not succeed please? would it be possible to tell what difficulties could arise given existing circumstances?

[Amebo]

[quote="Obie"]You may succeed. Question that are fact sensitive are usually more difficult to deal with on the forum, than question of

[Obie]

As I said, there are questions of fact, based on an assessment of the situation, that I cannot answer here.

For example, was she indeed a genuine job seeker? How long she was on JSA? Did she have a realistic prospect of securing work? Is her self employment activity genuine and effective?.

All these are question of a fact sensitive nature that I cannot answer here.

[Zigi]

Thanks Obie, could being self employed and also on JSA bcos of not getting enough returns for sustenance be seen as employment activity not genuine and effective?