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Dear board members,I need your help before making my application to home home...I am from non EU state and I married with my ex wife who belongs to Luxembourg.we married in June 2008,in Uk and I received residence documentation in march 2009.we moved to Luxembourg in may 2009.In August 2011 me and my ex wife moved back in UK.and my ex wife started divorce in nov2011 and divorce was finalised two weeks ago(September 2012). we spend 11 months in uk after marriage(June 2008 to may 2009).and 1 year few days (August 2011 to September 2012,divorce proceeding time).My question is that is this 1 year which we spend in the Uk,was a time of divorce proceedings,acceptable to fulfill the one year requirement of EU directive 2006 to retain rights of residence?please advice me.thankyou

It seems like a bit of a complex situation which may need examination of all the circumstances, but on the face of it, you will not qualify.

When you left the UK in 2009, you and your wife went away for 2 years, that breaks residence, when you returned 2011, your wife or yourself filed in for a divorce few months later. It could not be said you resided in the UK for a year prior to the initiation of the divorce.

It could however be argued that the one year does not have to be immediately preceding the divorce, it could have been anytime within the 3 years of marriage, the other party could argue the opposite.

It is not a clear cut situation, however on the basis of the information you have provided, it is more difficult to see how you will qualify.

Till decree absolute you were legally husband and wife,even if you do not live together.If this is right then your one year problem is solved.but on the other hand if you read this in which ukba asking that**4.4 Have you been married for at least 3 years and lived in the UK for at least one of the three years?***it means that one year before divorce procedings....So if my this understanding is right then you are unable to retain your rights.This is very clear that if divorce proceding starts after 3 years of marriage and parties resided in the UK any one year of those three years then non eea national may retain the rights of residence.so one year which you spend in the legal procedings may not count in my understandings....But 11 months which you lived in the UK is important,I m not sure if 6 months absence also apply in retain rights of residence?if 6 months absence is acceptable in one year retain rights of residence application then your application will be successful...wait for other members advice..