EEA-Retain Rights of residence - EEA4

[bobobo]

Sorry posted this in the wrong section before..

Hi, I want to ask a few questions in regard to retain the rights of residence after a divorce with my wife after 3 years. My wife is an EEA national.

Well things have gone bad between us and I will not ask her for her passport or any other document as she might be leaving soon however i have the following docs in hand, can you please let me know if this is sufficient or do i need something else as well.

We have lived in UK for all 3 years but only have information for the last 2 years as she was studying in another city after the first year of marriage, but we were still in contact.

- Joint Bank Statements of our Joint account for 2 yrs
- Her and my bank accounts for last 2 yrs having the same address.
- Joint Travel Insurance
- Joint Contents insurance
- Tenancy agreements for the last 2 yrs.
- Her notarised copy of the passport (which she gave but is not willing to send her passport to the home office)
- Marriage certificate
- Divorce certificate
- mobile phone bills (same address)
- Joint Bank loan application (same address)
- her and mine employment records for the last 5 years working in the UK(letter from the employer and payslips, p60's and p45's)

Your help on this would be very much appreciated, I am not sure what else the HO might ask for.

thank you so much for your advise.

Bob

[John]

It sounds like you were legally in the UK prior to getting married. Is that correct? If so, when did you get married, and if that is more than 3 years ago, have either of you lived outside the UK since the marriage?

When does your current Residence Card expire?

[bobobo]

It sounds like you were legally in the UK prior to getting married. Is that correct? If so, when did you get married, and if that is more than 3 years ago, have either of you lived outside the UK since the marriage?

When does your current Residence Card expire?

Hi John- Thanks for your resposne. I have been in the UK since 2002- legaly/ never overstayed...was never illegal. Was never out of UK for more than 1 month a year.got married in june 2005. resident card till september 2011.. We have not lived outside of UK...My wife has been here for 5-6 years now and has her PR due next year I reckon.

Hope this information i furnished helps you. Pelase feel free to ask me anything else you need to know.
thanks

[John]

My wife has been here for 5-6 years now and has her PR due next year I reckon

If she is a citizen of one of the first 15 EU countries then I reckon that she already has PR status, on the 5th anniversary of her starting to starting to exercise EU Treaty Rights in the UK.

If however she is an A8 national, then she started to exercise EU Treaty Rights on 01.05.04, when her country joined, so will get PR status on 01.05.09.

But as regards yourself, following a divorce, and thus you ceasing to be a family member of an EU Citizen, you will have the right to continue to live and work in the UK, and indeed to get PR status after 5 years on the EU route. That is, it appears you switched from the UK to the EU route when your Residence Card was issued, resetting your immigration clock, so your 5 years for PR is up in September 2011.

[bobobo]

My wife has been here for 5-6 years now and has her PR due next year I reckon

If she is a citizen of one of the first 15 EU countries then I reckon that she already has PR status, on the 5th anniversary of her starting to starting to exercise EU Treaty Rights in the UK.

If however she is an A8 national, then she started to exercise EU Treaty Rights on 01.05.04, when her country joined, so will get PR status on 01.05.09.

But as regards yourself, following a divorce, and thus you ceasing to be a family member of an EU Citizen, you will have the right to continue to live and work in the UK, and indeed to get PR status after 5 years on the EU route. That is, it appears you switched from the UK to the EU route when your Residence Card was issued, resetting your immigration clock, so your 5 years for PR is up in September 2011.

Thanks for the information John....You saved me alot of money, time and nerve damage...

[bobobo]

Hi John - Just one more question,Once I get the divorce do i send my decree absolute, marriage certificate an dall other documents to get the Residence stamped on my passport again. Or do I just contact them after 5 years in 2011 and tell them that I am divorced.]

can they stamp that I hve retained my rights of residence.

Thanks for your help.
Bob

[John]

You don't need to tell them of the change of circumstance. But when you use form EEA4 to apply for confirmation of your PR status, then yes, certainly send the Decree Absolute at that time.

Hopefully by then the EEA4, or maybe a new form for the purpose, will have been designed to cater for your circumstance. I say that because the current EEA4 really does not cope with it very well at all.

[bobobo]

Thanks again John, I am back with my last question (not tempting fate)....What if after my divorce I want to get married again between now and 2011. I will not be able to apply for my wifes visa nor will i be able to bring her to UK....as I though she would derive her rights through me.....In this case what do i need to do...to make sure that i can get my wife to the UK between now and 2011 till i get my PR.

I am sorry for being a pain but it would help if you could please tell me a way out of this....

Many Thanks
Bob

[bobobo]

Thanks again John, I am back with my last question (not tempting fate)....What if after my divorce I want to get married again between now and 2011. I will not be able to apply for my wifes visa nor will i be able to bring her to UK....as I though she would derive her rights through me.....In this case what do i need to do...to make sure that i can get my wife to the UK between now and 2011 till i get my PR.

I am sorry for being a pain but it would help if you could please tell me a way out of this....

Many Thanks
Bob

Sorry for being a pain...But would it be possible to please answer my question above regardign getting married again.....any help would be greatly appreciated.

thanks

[jude]

Man I have told you , you have to first deal with one befor another .