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Lost bRC / divorced
Posted: Tue Nov 13, 2018 12:14 am
by Domirald
Hi all
I got married 2 years ago and recently got divorced although I still haven’t received the divorced certificate.( so not sure if I’m technically divorced yet ) . I recently lost my BRC and I’m trying to get a replacement but bare in mind I’m a family member of EU. Has anyone been on the same situation , can really use some advice. Really panicking.
Re: Lost bRC / divorced
Posted: Tue Nov 13, 2018 6:08 am
by secret.simon
If the marriage lasted less than three years, you will likely lose the right to reside in the UK after divorce.
To retain the right to reside after divorce from an EEA citizen, one condition required is
Regulation 10(5)(d)(i) wrote:prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;
Thus you may not be eligible for a Residence Card.
Re: Lost bRC / divorced
Posted: Tue Nov 13, 2018 5:56 pm
by Domirald
Divorce it’s not finalised yet though and she’s the petitioner. Does this makes any difference ?
Also can I travel with a copy of my lost BRC as I’ve heard ?
Re: Lost bRC / divorced
Posted: Tue Nov 13, 2018 8:51 pm
by Obie
Do you have a child with the EEA national and was the breakdown of your relationship the result of domestic violence.
Re: Lost bRC / divorced
Posted: Tue Nov 13, 2018 8:56 pm
by Domirald
No kids and no violence , she argued that our marriage it’s not working out anymore.
Re: Lost bRC / divorced
Posted: Tue Nov 13, 2018 8:58 pm
by Obie
You will lose your right of residence upon the conclusion of the divorce, but as you are still married, you are entitled to a residence card.
Re: Lost bRC / divorced
Posted: Wed Nov 14, 2018 12:48 am
by Domirald
So how do I get it back my BRC ? Also do you think I can travel with a copy of BRC atm?
Re: Lost bRC / divorced
Posted: Wed Nov 14, 2018 5:37 am
by secret.simon
Domirald wrote: ↑Wed Nov 14, 2018 12:48 am
So how do I get it back my BRC ?
Because a Residence Card only confirms rights that already exist on the date of the issue of the Card, you will need to apply for a new Residence Card with the same evidence (marriage certificate, EEA citizen spouse's exercising treaty rights in the UK or PR status, etc) as if you are applying for the first time.
Domirald wrote: ↑Wed Nov 14, 2018 12:48 am
Also do you think I can travel with a copy of BRC atm?
That may not be accepted by most airlines.
Re: Lost bRC / divorced
Posted: Wed Nov 14, 2018 11:16 am
by Domirald
When you say same evidence? Do you mean up to date ones ?
My marriage certificate it’s not valuable anymore as I’m about to get divorced , am I correct ?