NON EEA DIVORCE

[safeer1981]

hi all, here is my case,

hi bro,

just wondered i would ask you for your advice on my situation,

i am pakistani citizen, for a start.

married to polish citizen in JAN 2007

got RC in december 2008 On self sufficent basis.

kept medical insurance for one year and then she started studies in september 2009. so cancelled insurance,

during the time she was studying that was jan 2010 when she left and started divorce process .

so we were together from jan 2007 to jan 2010.

had comprehensive insurance for her and me till sept 2009 .

september 2009 till jan 2010 she was a student so no insurance .

in july 2010 she applied for divorce .

divorce granted august 10 , 2011

still waiting for decree absolute.

question when she finished her studies in september 2010 i have no knowledge of what she has been doing or not , do i have to prove that to apply for RoR?

i am a full time worker since 2008

hope to hear something from you guys soon.

take care.

[Punjab]

hi mate

as far as i understand you should have insurance even when she was a student as she is your sponser.

[nonspecifics]

If the EEA sponsor is a full-time student and does not work at all, then the full-time student requires Comprehensive Sickness Insurance (CSI).

If they do not have CSI, then UKBA will try to argue that that is an unreasonable burden on the UK, as students are supposed to be self-sufficient, so cannot rely on the NHS.

The Immigration (European Economic Area) Regulations 2006

4.—(1) In these Regulations —

(d)“studentâ€

[safeer1981]

i see, basically i applied as i was supporting her through my work and stuff, but we have been together since november 2006, i have proof of letters etc Like her NI applications and WRS ETC. applied for RC in jan 2007 refused due to medical insurance appealed with insurance and issued after it.

she has been working while she was student but she is not willing to help or tell me where she was working.

had a look at the chapter 5 of the EEA rules it states;

Regulation 10 (5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the United Kingdom for at least one year
during the duration of the marriage or civil partnership, then the third country national
retains a right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the United Kingdom who is either a
worker, self-employed, or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student
with sufficient resources to be self-sufficient.
345.4.3 Making an application following divorce or annulment of marriage /
dissolution of civil partnership
The following documents must be supplied:
• Passports of the non-EEA family members
• Divorce certificate/certificate showing termination of civil partnership
• Evidence that at least one of the non-EEA family members is a worker, selfemployed or self-sufficient.
If we have not previously issued a Residence Card we must be satisfied that the alleged
EEA national is an EEA national and that the non-EEA nationals were living in the UK
with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was
exercising Treaty rights during that time.


as far as i understand one of us must be excersizing treaty rights in that case i have been working fulltime through out our civil partnership.

any suggestions?[/b]

[safeer1981]

in addition to that, we have been resided in the uk since 2006 , the requirement is she has to be in UK for one year and three years of whole marriage, so would that not be enough we had insurance for whole one year before she was a student, ? while i have always been working and supporting her through my work ?

[nonspecifics]

Your description of the studying dates also seems a bit mixed up.

But, UKBA expect students to have CSI for 100% of the time. Perhaps on appeal some people could could win if there were gaps in CSI of only a few weeks, on the basis of proportionality, but the longer the period of time with no CSI, then the weaker the case.

Even if you earn £1 Million, they will probably say , no CSI then EEA is not legally a student under the Directive, so not exercising Treaty Rights, so not able to sponsor the non-EEA, so your earnings were unlawfully earned and so your earnings cannot be counted during the time of no CSI.

Is it 4 months with no CSI in your case? So, 4 months of no legally acceptable income either?

However, if you can get the evidence she was working legally while she was studying, then she could be a worker and so the above problem would be solved.

Also, you explained, you have no proof your EEA national sponsor was exercising Treaty Rights at the time of the decree absolute was granted, so back to the problem of proving you case again.


And, as I said the UKBA may consider your marital/ residence history just too convenient for reaching ROR status, so will probably fight the case very much.


But that's only my opinion; I am not UKBA.

Maybe someone with more personal experience can give more advice.

[safeer1981]

thank you very much for all your advice if anyone knows anything better or in same situation as myself please let me know,

Saf