Immigrationboards.com

Dear Sir/Madam,

I Want To Know The Information Regarding The EEA Retained Right Of Residence & Further Permanent Residence Application. Say Some Non-EEA National Is In UK For 2 Years Under EEA Residence Permit And His/Her Marriage To EEA Spouse Is More Than 3 Years. Now Non-EEA National Applies For Retained Right Of Residence After Divorce. I Have Few Doubts.

1) When He/She Apply Retained Right Of Residence, Will He/She Get Fresh 5 Years Retained Residence Again Or Just Continuation Of His/Her Existing Residence For Only 3 Years(5 -2 = 3 Years).

2) If UKBA Gives Fresh 5 Years, Will He/She Need To Wait 7 Years (Total 2+5 = 7 Years) To Apply Permanent Residence Or Can He/She Apply After 3 Years When She/He Completes 5 Years?

3) After Retaining Right To Residence, Will He/She Still Need Documents/Evidence For His/Her Ex-Spouse Like Treaty Rights Etc. When He/She Apply Permanent Residence? Or Can He/She Independently Apply Permanent Residence Without Her/His Dependency/Documents/Proof?

4) His/Her Spouse Is Not Co-Operative, Can He/She Request UKBA To Get Her Treaty Information And Job Details From Govt Departments By Providing Her National Insurance Number (He/She Has Her/His National Insurance Number), When Its Not Case Of Domestic Violence.

5) On Permanent Residence After Retained Rights Of Residence, How Much Time He Has To Wait To Apply For Citizenship?

With Anticipation Of A Positive Reply.

Thanks A Lot.

1- he/she gets for 5 years.
2- it counts from the first entry.
3- see the below:
(5) Where an application for documentation under this Part is made by a person who is not an EEA national on the basis that the person is or was the family member of an EEA national or an extended family member of an EEA national, the application must be accompanied or joined by a valid national identity card or passport in the name of that EEA national.

(6) Where—

(a) there are circumstances beyond the control of an applicant for documentation under this Part; and

(b) as a result, the applicant is unable to comply with the requirements to submit an application online or using the application form specified by the Secretary of State,

the Secretary of State may accept an application submitted by post or in person which does not use the relevant application form specified by the Secretary of State.

4- i dont know
5- 1 year.

Thank you very much for your reply.
Could you please guide me to a link where you got the information for 3 please.
If it is possible for me to apply without using the relevant form specified by the Secretary than I will be taking that route .
Thanking you again.