Do I stil need evdence of xspouse treaty rghts aftr divorce?

[dime6]

I am a non eea from asia who is married to an asian wife she is a British citizen by naturalisation . I am on a 10 year route spouse/family visa. What if our relationship ends up and get divorced? What if I have all the evidence except my wife's proof that she's working or having treaty rights?Because she will just simply ignore me or not help me produce this evidence..

Please find and read 1st and 2nd articles below..

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RETAINED RIGHT OF RESIDENCE BY NON-EEA CITIZENS

Divorce from an EEA citizen

If you are a non-EEA citizen and you are married to an EEA citizen, you may be allowed to stay in the UK in case of the divorce.

Under the current Regulations if a non-EEA citizen has been married to an EEA citizen for at least 3 years and they resided in the UK for at least 12 months and both of them were economically active in the UK during the divorce proceedings, then a non-EEA citizen may be granted further leave in the UK under the so-called Retained Right of Residence.

If a Retained Right of Residence application is approved, a non-EEA citizen may be granted with an EEA Residence Document, valid for 5 years. Such a non-EEA citizen will be able to remain and work in the UK and apply for Permanent Residence (ILR) having completed totally 5 years under EEA law on combination of the “old” and “current” EEA Residence Documents.


> My situation as follows:
I am married for more than 3 years here in the UK living with wife together
Yes, both of us are working or has doing the treaty rights here in the UK for more than 12 months / 1 year

Let's say we brake our marriage and have a divorce ,I can give all the evidence except If my ex wife would simply not cooperate to give some evidence that they she's working or having treaty rights here in the UK simply because she doesn't want to help me at all.She might doesn't care at all after the divorce. I don't think you can force someone if they doesn't want to help you at all. In some situations maybe the ex spouse/British citizen might just ignore or just not helpful to an ex spouse/non-eea to get their retained rights of residence and remain in the UK.

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The problem addressed by the policy arises where a non-EEA spouse is married to an EEA national, the relationship breaks down and the non-EEA spouse only has a right to continue living in the UK if the EEA spouse continues in employment, self employment or otherwise remains a ‘qualified person’. An estranged spouse may well find it very difficult to obtain evidence from their ex. In an amicable break up it will be straightforward. Break ups are rarely civilized, though, and the EEA national may be simply unwilling to give their ex the help they need to stay in the UK. In some cases the relationship breaks down so completely that the two spouses simply lose track of each other – unlikely where two childhood sweethearts from the same street get married, but more likely in an relationship across borders where they may be few friends in common and no nearby relatives to keep the grapevine alive.

Where the non-EEA spouse has difficulty obtaining evidence, surely the Government can assist? After all, if the EEA national is working then there will be records of National Insurance payments and income tax being paid. The UKBA has the power to assist, under s.40 of the UK Borders Act 2007
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We are more than 3 years married, were both working or having treaty rights in the UK for more than a year but my ex wife would not cooperate to show her side of evidence that she is working or having treaty rights? Because she will simply ignore it or not helping me at all. She will simply not care at all. Does it mean my application will get refused? Even my application is complete without just the proof of my ex wife's that she's working and having treaty rights. What If I have the copy of her passport/insurance number I think it's enough for the Home office to background check my ex wife's status that she's working and having treaty rights.

Do you think I can successfully achieved the retained rights of residence after divorce by having/showing all the evidence on my own without the help of my wife/ex spouse...? I have marriage certificate/birth certificate of our child. Even my wife hides it or keep it away from me I can easily request from my local borough of council to support my application. Do I still need to beg her to get her letter of employment or her payslip to support my application? She will simply say" were divorced! that's your problem not mine! Apply your own residence visa by your own self! " hehe.. This is just a possible things that might happen.

[CR001]

The EU treaty rights etc are not applicable to you or your wife because your wife is British and in the UK and you are not on an EEA Family/residence Permit.

You were already told this in another one of your threads

http://www.immigrationboards.com/eea-ro ... l#p1098447

[dime6]

So retained rights of residence is not applicable to me as an asian even my wife an asian naturalize british citizen passport holder even we lived together for more than 3 years here in the uk and working before we got divorced. So it is only applicable to those non eea who has a spouse with born EU nationalities and lived in the UK. Confusing? Retained rights of residence only for those who have a EU spouses?

[Wanderer]

So retained rights of residence is not applicable to me as an asian even my wife an asian naturalize british citizen passport holder even we lived together for more than 3 years here in the uk and working before we got divorced. So it is only applicable to those non eea who has a spouse with born EU nationalities and lived in the UK. Confusing? Retained rights of residence only for those who have a EU spouses?

Yes, EEA rules are are somewhat more liberal.

You are under UK rules and if you do not have ILR you'll have to find another way to stay or leave the country.