Non-EEA divorcing EEA.. Advice plz

[mzenzen]

hello guys..

hope someone can give me an idea about my case..

married a EEA national back in her country in 09/2006 moved to the UK in 07-2007 lived since then together with the EEA national up until now 11-2009
divorce filed on the 22/10/2009 so from the date we were married until the date the divorce has been files is 3years and 1 month.. being a student i'm planning to wait with the application for retention of residency until i finish my studies by 06-2010 so my questions are :

1- do i have to inform HO that we no longer live together in the same address or wait until the divorce is finilized to inform them?

2- would the HO ask why did i wait with the application all these months?

3- are the 3 years counted from the date the divorce has been filed or the date the decree absolute has been issued?

4- i have nothing in my name and my wife's name together, However, i have bills and bank in her name, and bank statement in my name, so if i send the 2 is that enough proof for HO that we have been living together???

hope you guys can answer my question cause i'm totally confused with what everyone is saying.. and everytime i call HO i get a different answer.. can't believe how everyone who answers my call in HO gives a different answer and when i say ur colleague said something else, they tell me you've been given the wrong information!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

thx everyone

[Obie]

For the purpose of answering you question in a concise manner, i will use the numbering system you used to make you query.



1. No, you don't need to tell them until the decree absolute has been issued.

2. No they will not ask, because an ECJ ruling called Diata states that you should be considered a family member until the decree absolute has been issued.


3. The 3 years is counted from the day you married to the day the Decree Absolute is issued, when you then become legally divorced and free to remarry

4.Proofs of you living together might help, in as far as proving she was excerising treaty rights in the UK in the period immediately leading to the divorce being initiated, or in the case of the UK's misintepretation, up to the time the Decree absolute was issued.
Under EU law you don't necessarily need to prove that you were living together as you are considered a family member, whether you live together or not. You cease to become a family member when the decree absolute has been granted or issued, or an unqualified family member when you partner ceases from exercising treaty rights in the UK.