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Hello all,

I'm new to this forum and would appreciate your help.

I am a Non-EEA ex spouse of an EEA national. We got married in 2004 and divorced last year. My ex was issued a permanent residence card in 2006.

I would like to know if I am correct to think that I acquired permanent residence status in 2009 and that the only way I can lose it is by being out of the UK for two years.

Also, please advise me how/if the business of retaining reights of residence applies to me. I am about to apply for EEA4 and would like to know if and why I need to provide my wage slips at this point.

Thank you

conehead wrote:Hello all,

I'm new to this forum and would appreciate your help.

I am a Non-EEA ex spouse of an EEA national. We got married in 2004 and divorced last year. My ex was issued a permanent residence card in 2006.

I would like to know if I am correct to think that I acquired permanent residence status in 2009 and that the only way I can lose it is by being out of the UK for two years.

Also, please advise me how/if the business of retaining reights of residence applies to me. I am about to apply for EEA4 and would like to know if and why I need to provide my wage slips at this point.

Thank you

Your understanding is correct.

Wil your ex support the application with the required documents? If yes, your application is quite simple. Just need to prove what you said in your post:
- proof of your ex status - your ex passport & PR card
- proof of your residence in the UK 2004-2009 (utility bills, P60s etc).
- proof you didn't leave the UK for more than 2 years since 2009 (utility bills, P60s etc).
- proof you were married during the 5 years of residence.

You can also provide evidence of the 5 years of residence leading to the divorce (2007-2012?). That would save you proving you didn't leave the UK (as the 5 years ended up less than 2 years ago).

There is no need to go for retaining rights route.

Thanks for your reply, Jambo.

I'm very happy to know this.

I shall contact her to see if I can have her wage slips which will also serve as proof that she has not been away for any considerable lenght of time.

Do I really need her passport, though? We are divorced and I would be applying on my own rights and not as her family member. Please advise.

Thank you.

conehead wrote:Thanks for your reply, Jambo.

I'm very happy to know this.

I shall contact her to see if I can have her wage slips which will also serve as proof that she has not been away for any considerable lenght of time.

Do I really need her passport, though? We are divorced and I would be applying on my own rights and not as her family member. Please advise.

Thank you.

I don't see much point of going for RoR because you qualified before. Not submitting her passport should not cause a refusal as they have seen her documents when the PR was issued. I suggest you explain in a cover letter your circumstances, how you qualify and why you cant provide your ex passport now, just in case a less experienced caseworker would examine your case.

@conehead, I have split your post for you. You can rename it by editing it.

Sometimes it is better to start your own thread. It is always better to ask your question in only one thread.

For an application under regulation 15(1b), you will be required to submit your EEA national's ID or passport, especially if that passort has since lost its validity following the conclusion of the last application. Needless to say this makes little or no sense to me whatsoever.


You might have got away with it, if you applied by virtue of Regulation 15(1f). However by virtue of Regulation 10(8) this cannot happen, as you appeared to have secured Permanent Residence by virtue of Regulation 15, prior to the divorce, therefore the question of retention of residence falls out the equation.