Retained Right of Rseidence
Posted: Sun Oct 15, 2017 3:49 am
Hello everyone, I really need an answer to this question as I have booked appointments with two solicitors but no tangible answer. I got married to my Eea spouse a little over 3 years ago, unfortunately my residence card was refused but after going to court it was released. I got the permit 2 years after marriage. My husband and I are having issues because he wants to relocate as he is having low self esteem due to brexit. He is planning to relocate to Germany but unfortunately I can’t speak German and I am not ready to move with him. Since we can’t find a common ground, we decided to divorce. Our marriage is 3 years and 2 months but I have only just spent one year from the 5 years residence permit. According to the EEA law for deviative card, the marriage should be at least three years old and eu citizen must exercise treaty rights within 3 years, I can pass under this law but the problem is this. Is it 3 years from the date of marriage or 3 years from when I got my residence card? Please I need answers as soon as possible. My husband is okay to give me all necessary documents but we just need to be sure if it’s 3 years marriage or 3 years free rc. Thank you so much.