EEA National to Leave the UK - Retained Right of Residence

[tigana]

Hi guys,

Wondering if someone could help.. Tried to look for similar posts but haven't found the one yet, so thought I'd started one.

My wife (same sex relationship) and I have been separated since 2014. We have been legally married for almost 3 years now and at the moment she is thinking about moving out of the UK for good. I've read about Retained Right of Residence (RROR) which involves divorce. I have some questions...

- When can one begin to apply for RROR? In the Home office guidelines it says 'Divorce proceeding' must happen before the EEA national leaves the UK. What constitutes as 'Divorce proceeding'? Is it when the Decree Absolute/annulment has been issued?

- If that's the case, meaning, I have to wait until the divorce is finalised, THEN proceed to apply for my RROR? Would I have the right to live here when I'm no longer a spouse of an EEA National, whilst waiting for my RROR to be processed?

- OR could I apply for RROR when my divorce is being processed etc, so that hopefully when our divorced is finalised my RROR also will be issued at similar timeline?

- Next question would be, once I receive my RROR, will my wife be able to leave the UK (living & working in another country) or would the fact that she is living abroad, will it affect my chance of getting a permanent residence in few years time?

Bit of background.. My wife and I are good friends and separated amicably, we don't have children, and have lived together for more than one year in the UK. We are hoping that after our 3 year marriage we can begin this process, but at the moment we are still not sure regarding the timeline and her ability to move out of the UK even when we have divorced & received my RROR. My ultimate goal (as with everyone else's) is to receive my permanent residence card so I could be more independent as a resident in the UK.

Any info and help appreciated, many many thanks everyone.

T

[noajthan]

Hi guys,

Wondering if someone could help.. Tried to look for similar posts but haven't found the one yet, so thought I'd started one.

My wife (same sex relationship) and I have been separated since 2014. We have been legally married for almost 3 years now and at the moment she is thinking about moving out of the UK for good. I've read about Retained Right of Residence (RROR) which involves divorce. I have some questions...

...

Any info and help appreciated, many many thanks everyone.

T

It's all about timing.

... “retained rights of residence” is dealt with at paragraph 10 of the Immigration (EEA) Regulations 2006. This is derived from Article 12 of Directive 2004/38/EC. There are several criteria that need to be met, including that the marriage has lasted at least three years and that the couple resided in the relevant Member State (the UK in our case) for at least one year.

In cases where the marriage breaks down and ends in divorce, these provisions have been interpreted as meaning that if the divorce proceedings began before the EU citizen departed from the country in question (or ceased work, self employment etc) then the third country national would retain a right of EU law residence.

If the divorce papers were served a day after the EU citizen had departed, though, the third country national would have no right of residence and would have to go back whence they came.

Ref: https://www.freemovement.org.uk/eu-righ ... fficiency/

Once you have been granted RoR you are then an independent agent & your status in UK is up to you. (You will no longer be considered or treated as dependent on an EEA national).

It is helpful to your case that you remain on amicable terms and, presumably, will have access to all necessary documentary supporting evidence that you will need to submit.

Good luck.