Divorce with EEA national of NON EEA

[aaarshad]

Hello Everyone this is my 1st post here,

im the non eea national looking for an advice, i and my wife has issues living together from last few days and i think, i cant continue with her any more. we are not sleeping together but living under one roof. im so frustrated because of this situation. we are not divorce yet neither we talked about it yet. but i prefer to do this so i just wanted to know what will happen to my status in UK.

MARRIED MAY 2012 IN UK
GOT RESIDENCE CARD IN MARCH 2013 VALID TILL MARCH 2018
MAY 2017 WILL BE 5 YEARS

WORK STATUS OF EU SPONSOR
WORKED FOR A MONTH IN 14-07-2012
THEN START WORKING IN ANOTHER COMPANY 01-10-2012 TILL JUNE 2013
GAVE BIRTH IN MARCH 2013 DIDN'T TAKE ANY MATERNITY LEAVE
STARTED WORKING AS A SELF EMPLOYED FROM JUNE 2015 TILL Present
didnt take any benefits also im working since 2011 till today

so my questions are if we divorce what will be the consequences on my status in UK
as i like to apply for retain right of residence if we divorced-I heard i only need to prove if my sponsor exercising treaty right during divorce and i may not have to give proves for the missing time she didnt work ? is it true ??

waiting for advice or any similar case Thanks

[secret.simon]

What are your EEA wife's nationalities? When did she arrive in the UK? What is her work/study history?

The reason for these questions is that she may have acquired her PR before the two year break between June 2013 and June 2015. In this case, maternity leave does not count as it was not bookended by work (or seeking work) at both ends.

If she had not acquired PR before June 2013, your PR clock will have stopped as well and only restarted from zero in June 2015. So, if she did not acquire PR before June 2013, both she and you will acquire PR only in June 2020, assuming that the people already in the UK under the Regulations continue to progress under the existing arrangements.

[aaarshad]

What are your EEA wife's nationalities? When did she arrive in the UK? What is her work/study history?

She is Polish National
came in May 2012 in UK when we got married - she visited few times before marriage to me
she worked in June 2012 for a month
then changed job and was working from oct - 2012 till June 2013
Gave birth in march 2013 and didnt take maternity leave as we didn't know anything exist like that
started work again in June 2015 till today as a self employed

but my question was something else - i want to know if she applied for a divorce can i get retain right of residence or will be refused ? even we have a child together which will be 4 years in March 2017-
and i didnt break work since 2011 till present.

[Obie]

The gap between 2013March and July 2015 is over 2 years and huge. I don't think that can be covered by maternity.

Furthermore, even if you get retention that Gap will still have an effect on regulation 15 (1)(f) PR application. Therefore who ever gave you the advise that it will not affect PR is clearly wrong.

[aaarshad]

I don't understand why you're not reading my post completely 1st and then come to the conclusion - I asked if my wife take a divorce can I retain right of residence or not as I have those Two years gap while I will be in that relationship - I never wrote someone advice me about if I will get PR with those 2 years I said I heard if we divorce I don't need to prove her past history and only need to prove that she was excersing when I applied for application

[Casa]

I don't understand why you're not reading my post completely 1st and then come to the conclusion - I asked if my wife take a divorce can I retain right of residence or not as I have those Two years gap while I will be in that relationship - I never wrote someone advice me about if I will get PR with those 2 years I said I heard if we divorce I don't need to prove her past history and only need to prove that she was excersing when I applied for application

A little gratitude that someone is trying to help you wouldn't go amiss.

[aaarshad]

I appreciate the help of course from anyone but quoting what i didnt say or didnt ask how can you say its a help ?

[CR001]

I appreciate the help of course from anyone but quoting what i didnt say or didnt ask how can you say its a help ?

You did say 'you heard', implying someone obviously told you.

I heard i only need to prove if my sponsor exercising treaty right during divorce and i may not have to give proves for the missing time she didnt work ? is it true ??

[too old]

Hi Arshad,

for ROR as you may know already you will require below

marriage lasted for 3 years
are you working
was EEA exercising treaty rights at the initiation and conclusion of divorce
did you live in UK for 1 year together

you tick all the boxes above and hence why i believe you will get ROR.

i can understand your situation as i am in exactly similar state as yours.

Thanks and all the best

[emigre]

It is little awkward to read these conflicts here. The moderators / experts are here to help us but it seems there has been a misunderstanding. I am not an expert ! However I understand that Arshad wants to know if he can apply for Retained Rights after his divorce or separation , and not PR based on his relationship with EEA member.

He may not be able to qualify for PR as moderators have posted because of the gap that EEA national has.

I think that he can apply for Retained Right of Residence if he satisfies the conditions set as a parent or a spouse of EEA national still living in UN while exercising the treaty rights.

More information "Retained Right of Residence"can be found on web

https://www.gov.uk/government/uploads/s ... _clean.pdf

[Casa]

See this thread and the post by secret.simon

http://www.immigrationboards.com/eea-ro ... 22076.html

[aaarshad]

emigre - thanks for getting my point what i am trying to ask here with people who has similar situation -

yes a solicitor told me that - i only need to show during a divorce i have to proof my sponsor exercising or not and with 3 year relationship aswell with proof of bills and all - but the reason im asking here is to confirm if someone already went through this case - and i red on the website of Uk govt about ROR

Requirements of regulation 10(5) (a), (b) and (c)
A person ceases to be the family member of an EEA national sponsor because of a divorce, an
annulment or a dissolution of civil partnership will retain a right of residence where:
 the EEA national was a qualified person, or had permanent residence, on the date of
the termination of the marriage or civil partnership
 the applicant was residing in the UK in accordance with the Regulations at the date of
termination and
o the applicant is not an EEA national but if they were, they would be a worker,
self-employed person, or self-sufficient person or
o the applicant is the family member of a non-EEA national who is a worker, selfemployed
or a self-sufficient person

........

[noajthan]

Start here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[aaarshad]

noajthan thank you this is what i was asking about since 2 days lol i wasnt clear before thanks again everyone - do u know who get succeed without going for refusals lol

[aaarshad]

Hi Arshad,

for ROR as you may know already you will require below

marriage lasted for 3 years
are you working
was EEA exercising treaty rights at the initiation and conclusion of divorce
did you live in UK for 1 year together

you tick all the boxes above and hence why i believe you will get ROR.

i can understand your situation as i am in exactly similar state as yours.

Thanks and all the best

in what stage are you then at the moment ? advice me how to come out of this please - i really dont trust solicitors one ruined my case earlier when i applied 5 years ago lol still dont have choice

[Carling40]

Hi Aaarshad,

First thing first, try and save your marriage and if that fails then at least you tried.. I think the strength of the evidence you have will determine if divorce proceedings should be initiated and ultimately if you'll be successful with retaining your rights and getting ROR.

For a successful ROR application your marriage must have lasted for 3 years before initiation of divorce proceeding and resided in UK for at least 1 year during the duration.

1. You'll need evidence the EEA sponsor was exercising treaty rights e.g work, from (in your case) Date of marriage May 2012- Date of decree absolute. evidence supplied must cover these dates.

2. Evidence of your activity from Date of decree absolute e.g work

3. Decree absolute and your passport

As divorce proceedings have not started, it might be worth trying to see if there has has been any break in exercising treaty rights before filing for divorce.

see: http://www.eearegulations.co.uk/Latest/ByPage/part1_10