retain right

[avi agha]

Hey there,
I am confused about my current situation. I married to EEA national 3 years ago and we lived in ENGLAND almost 4 years. but she left the country in April. Now I am getting divorced. My question is that she left England in April at that time my marriage was 2 years and 7 months. I managed to get the payslips of her work until she worked meanwhile staying in England. my marriage last for more then 3 years. Am i eligible to apply retain rights. ? she was qualified person when she left England because she was working. now i am getting divorce from her and sending her divorce paper in her country. which application should i put after divorce and am i eligible for retain right after divorce ?????

thanks :

[Hstepper07]

Hey there,
I am confused about my current situation. I married to EEA national 3 years ago and we lived in ENGLAND almost 4 years. but she left the country in April. Now I am getting divorced. My question is that she left England in April at that time my marriage was 2 years and 7 months. I managed to get the payslips of her work until she worked meanwhile staying in England. my marriage last for more then 3 years. Am i eligible to apply retain rights. ? she was qualified person when she left England because she was working. now i am getting divorce from her and sending her divorce paper in her country. which application should i put after divorce and am i eligible for retain right after divorce ?????

thanks :

To retain your right of residence, prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration.
Your partner should also be exercising treaty rights as at the time the divorce has been made absolute. You will then be expected to be exercising treaty right as a worker, self employed or self sufficient person as if you were an EEA national. If your partner has left the UK then she/he will not meet this last requirement.

[avi agha]

i am non EEA national. and she was working when she left. and now she does not live in this country anymore. and i am full time working. am i eligible for retain rights ?
my marriage last for more then 3 years and we lived together in England all these years. and working full time.

[Hstepper07]

If your partner was not exercising treaty right as at the time your divorce is made absolute, you will not qualified for retained right.

[avi agha]

Thanks for your response !!! At the time of separation she was working & then she left the country !!! And now She is working in her country !!! So what should I do ??? Which application should I put ???

[fatimahh]

Sorry to hear that you are going through divorce. Unfortunately, you lost the right to reside when she left the UK. Could you not try to sort things out with her and get her to come back to the UK.

[avi agha]

She was coming back but refused to enter in Uk. She was found guilty in some bad doings. Which I just found out & this is the reason I am getting divorced.
So what should I do ??

[fatimahh]

That is very unfortunate. As it stand you are already illegal in the UK. Even if you divorce now, you will not be able to retain right of residence, as according to the EEA rules and explained to you earlier, the EU spouse needs to be in the UK and exercising treaty right from the time divorce procedures started until decree absolute.
You should seek professional lawyer advise as to a route to get residence under UK rules.

[avi agha]

hey there,
she has came back to uk last week and now registered and working as self employed.
am i qualify for retain rights.
we are agreed at mutual understanding divorce. so am i eligible ????
THANKS

[Hstepper07]

prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

Have you started your divorce proceeding? How long was she away for? You will need to show that you have also lived in the UK for 1 year before divorce is finalised.

You will need to factor all these in before starting your divorce proceedings.

Also bear in mind that to acquire permanent residence, your partner should not be absent for more than 6 months in any year for continous residence during her qualifying period. This will affect your PR clock if you eventually retain your right of residence.

...and then brexit. Since she is back, you can try and work out a meaningful resolution to help you retain your right.

[secret.simon]

For you to retain right of residence, your EEA citizen wife needs to be exercising treaty rights in the UK on the date the decree absolute is issued.

All three conditions must be met or else you do not have RoR.

Also for you to apply for a Residence Card or a PR Card based on RoR, you will need proof of your EEA Citizen wife's identity (passport or identity card). Keep in touch with her and on her good side even after divorce.

How long was she away for?

Good question. Was she away from the UK for more than six months? That may have reset your PR clock to zero.

[avi agha]

Thanks for the reply ! She went on 15thApril & came back on 30th august !!! And now i started divorce procedure. She is self employed now but I do not know what is she working. And we're not on good edge as we're getting divorced..

[Hstepper07]

Thanks for the reply ! She went on 15thApril & came back on 30th august !!! And now i started divorce procedure. She is self employed now but I do not know what is she working. And we're not on good edge as we're getting divorced..

Why dont you delay your divorce. You should be in UK 1 yr bf you receive your absolute.

[avi agha]

she was only away for about 2 months. and now she is back.. And we spent all our marriage duration here in England.

[aarshad01]

she was only away for about 2 months. and now she is back.. And we spent all our marriage duration here in England.

Apply for divorce asap before she left UK again for some reason and ask her to provide you, payslips and bank statements,during the time you put ur application for divorce, also make sure u have all the relationship records for your previous years with her. best of luck, i suggest you to have some solicitor. since youre case may get complicated if you wouldnt deal with care.

[Hstepper07]

[quote="avi agha" post_id=1542375 time=1506797551 user_id=179534]
she was only away for about 2 months. and now she is back.. And we spent all our marriage duration here in

The information you are providing is not consistent.
You said she left the UK from april to august which is 4 months and now you are saying she left for 2 months.
Initially you said you were married for 2 yrs and 7 months bf she left the UK and later you said you were married for 3 years.
You have been given the facts about being entitled to ROR. Go and do your maths and figure out how you will work it out with your partner.