Information about eea(FM)

[Satnam]

Hello everyone
I am bit confused and want to take some advice from you senior guys. Actually am non eea married to eea(polish) national in 2011and father of eea child . We live together till 2013 and got divorced in 2017 . I got my residence card of eea family member in 2013 which will expire end of next month .I was excercising my treaty rights from 2010 to till now but my ex wife was working in 2011 to 2013 (include 8month maternity leave ) then 2013 to 2014 she was looking after child and she started study from august 2015 to aug 2017 and also got echs card in September 2017 and I got CSI for myself and for my son in Jan 2018 . She was on jobseeker during the time of divorce . And also I got a court order to see my son and he is study at school full time education .Anyone plz help me what options for me now . Am I eligible for ROR or PR . Thanks alot

[Satnam]

Anyone can give me suggestion please ?

[Satnam]

Any senior member can give me advice please ?

[Obie]

It is really unclear from the information you have provided, whether you retained your right or not.

[Satnam]

Thanks alot for your reply
Yes I got my ROR in 2013 which will expire next month. And now I am confused what options I have . I explained everything about my case in my first post

[Obie]

What is ROR, is it retention of Residence or right of residence. It cannot be retention of residence as you only divorced in 2017.

[Satnam]

Thanks
It's right of residence as a family member of eea national

[Satnam]

Anyone can plz help me ?

[Bilalz88]

hi
did your ex wife have a permanent residence in uk at the time of divorce?
when did you get your divorce procedure completed?
what do you mean by echs card?
you might qualify under retain right of residence to apply for PRC.

[Satnam]

Thanks for reply
My ex wife got polish nationality at the time of divorce
My divorce procedure completed in Nov 2017
And echs card is European health insurance card
Thanks

[Satnam]

Hello everyone
I am thinking to fill eea(FM) form and apply retained right of residence on my own. Is that right decision ? Plz give your views ,
Thanks

[Satnam]

Good afternoon everyone
I am confused and need some advise from you guys , my question is : I got divorced at 10 November, date of extract is 10 November and my ex wife got letter on same day from jobseeker allowance . They wrote in letter you claimed jobseeker on 10 November , but we can not pay you untill 12 November . So my question is : Is she qualified on the date of divorce . Plz give me your valuable advice I will be really kind of you
Thanks alot

[Satnam]

Hello everyone
I am confused and need some advise from you guys , my question is : I got divorced at 10 November, date of extract is 10 November and my ex wife got letter on same day from jobseeker allowance . They wrote in letter you claimed jobseeker on 10 November , but we can not pay you untill 12 November . So my question is : Is she qualified on the date of divorce . Plz give me your valuable advice I will be really kind of you
Thanks alot

[Satnam]

Any advice please guys ?

[Obie]

You case is on the slightly complex side of the scale, and it is unclear whether worker status was retained during maternity, whether she returned back to the job market within a reasonable time, whether the course is vocational in nature, or she was instead a student, whether the CSI covered you and her, whether there was sufficient resources or not.

There is also the question of Jobseeker, how long she had this status for, was it more than 3 months, if it exceeds 3 month, was there a realistic prospect of her securing work, such that she retained her worker status or not.

So essentially there are many questions that needs to be answered in your case, and no one can confirm if you have PR or ROR if those questions are not properly answered.

[Satnam]

Thanks alot for your reply obie
She was jobseeker from 10 November to 8 January , as she was actively looking for job before divorce so finally she got job at 8 January and continue doing the job now. And while student we did not have CSI . Only one thing confusing me whether she was qualified during divorce or not.

[Obie]

That is a key legal question. If she was a qualified person at the time of divorce, was not actively seeking work or had a realistic prospect of securing work, then there is no mean of retaining a right of residence.
Home Office usually exploit this point a lot in Regulation 10(5) cases, so you will have to work hard on getting documentation showing she was a qualified person. It may help that she was jobseeking for 2 months before she found work.

[Satnam]

Thanks alot for your reply obie
I am going to apply eea (FM) next week through the lawyer . Once I will get the result I will share with you guys, thanks alot again