Retain rights of residence, help needed urgently.

[Eemann007]

Hi all,

I am a non EEA national married to an EEA national. We were married since 2012. Got divorce 2017sep, I already have the decree absolute. The issue how ever is there is a gap of over one year in my spouse exercising treaty right as a worker as an EEA national. She got employed Feb 2013 but stopped work soon afterwards as she had a miscarriage and was going through stress at that time ( no evidence for this). She was however back to work May 2014 and has been working right till the decree absolute in 2017. I have other evidences to show we have lived together, she resided in the UK till divorce date, her employment (p60) and payslip and bank statements of my self and hers right from when we Initiated the divorce.
The big question is, do I still qualify for the retain right with the gap in exercising treaty right ( non economic activity between March 2013 - April 2014).
Please advice as I am looking to apply for a retain rights of residence and lastly what EEA forms is most appropriate for this.

[Hstepper07]

The gap will not affect retained right but may affect PR as it seems you have met the criteria below:

Evidence that you have been married for 3 years bf initiating divorce. You have lived in the Uk for 1 yr. Evidence that partner was exercising treaty right when decree was made absolute and evidence of you exercising treaty right from when decree was made absolute.

See link for application form
https://www.gov.uk/government/publicati ... orm-eea-fm

[Eemann007]

Thanks for prompt reply Hstepper07. This is about the best news I have heard in months. I will have to submit my application as soon as possible and keep my timeline updated on the forum.

[Hstepper07]

Thanks for prompt reply Hstepper07. This is about the best news I have heard in months. I will have to submit my application as soon as possible and keep my timeline updated on the forum.

Glad I could help