Right of Retention but Divorce abroad

[jafferdeen]

Dear All

my friend is Pakistani national.He got married with a polish girl in 2012 in UK.He has a 2 years old daughter from this relationship.
They have few issues with their married life and wife decided to leave UK.She went back to Poland in the end of 2015 when it has been more than 3 years of their marriage.She asked for divorce when she moved back to Poland.
So the divorce proceeding were started in Polnad after 3 years of their marriage.My fiend has couple of visit to Poland as the divorce process was not very easy.They have now Polish divorce which was issue in 2016

His wife was self employed when she had left UK.
He is looking to apply for Right of Retention.Will there be any issue that Divorce was not done in UK?

is he eligible for Right of Retention?
any specific docuemnts he will need?

Please advice

[Obie]

You friend is likely to fail in his residency application, as divorce was undertaken overseas.

Why did he not do it in the UK before the wife left?

[jafferdeen]

thank you

someone advised him that she needs to spent 1 year in the UK out of 3 years in UK and then even she is in Poland she can have divorce which will be accepted by Home Offic e . she should be resident in Poland......is it true

[Obie]

Well it looks like the person who advise him was clearly not updating him or herself with the changes in law.

In any event what the person advised him was never the law in the UK in the first place.

[jafferdeen]

it means he is not eligible to apply for ROT?
any other option for him

[Obie]

On the basis of the information you have provided yes, it means he cannot qualify for retention as things stand.

Whether he may qualify on other basis, may depends on his personal circumstances.

Suffice to say the advise he was given was clearly wrong.

As they have a child together, there was really no basis for a wait till marriage was 3 years, for divorce to proceed.