Retaining Rights of Residency

[oni82]

Hi there guys,

After I have read your posts for a long time here I am writing one for myself!

My situation:

I have been residing in the UK (legally) since August 15 2006.
Initially came here on a Tier 4 General Student Visa.
Got married in April 2013 with an EEA National. Our marriage didn't last long for various reasons.
Separated almost 14 months ago (she is still in the UK and working) we have remained in amicable terms.
I currently live with my actual GF who is British, been living together for 1 year now.
Never bothered to divorce with my EEA spouse as no one of us had the money to go through with it besides didn't want to complicate my life!

Bad news:My ex EEA told me that she has applied for jobs in her home country recently and she is planning to leave UK permanently (as is stands now) in February/March next year! Which is only a month before we complete 3 years of marriage (not considering the divorce timings).
Also this is only a few months before I complete my 10 years of legal residency

I wonder what my options are in here now?

Thanks for your time guys, what you do here is amazing

Regards

Leo

[noajthan]

Hi there guys,

After I have read your posts for a long time here I am writing one for myself!

My situation:

I have been residing in the UK (legally) since August 15 2006.
Initially came here on a Tier 4 General Student Visa.
Got married in April 2013 with an EEA National. Our marriage didn't last long for various reasons.
Separated almost 14 months ago (she is still in the UK and working) we have remained in amicable terms.
I currently live with my actual GF who is British, been living together for 1 year now.
Never bothered to divorce with my EEA spouse as no one of us had the money to go through with it besides didn't want to complicate my life!

Bad news:My ex EEA told me that she has applied for jobs in her home country recently and she is planning to leave UK permanently (as is stands now) in February/March next year! Which is only a month before we complete 3 years of marriage (not considering the divorce timings).
Also this is only a few months before I complete my 10 years of legal residency

I wonder what my options are in here now?

Thanks for your time guys, what you do here is amazing

Regards

Leo

It may be a little touch & go but one option is to hang in there until 3rd anniversary (if wife is cool with that); shoot for retained right of residence in UK, ref:
https://www.gov.uk/family-permit/retain ... -residence

[oni82]

Well, is not as simple as being cool or not! She has just decided to leave and live her life back home! And she's planning to go 2months before we complete 3 years of marriage. But even if we complete 3 years it will still need a few good months to get divorced and she will need to be working during that period

[Obie]

You may be ok, if she was qualified in the period prior to initiation of the divorce.

[oni82]

Obi, are you sure buddy? All the posts that I have read about the topic suggest that "she must be working all the way through divorce, until decree absolute" I have read millions of posts and they all suggest the same!

Can you please give me a better insight as you have read thousends of posts too.

Thanks a lot man

[Wise]

But why don't you just get CSI just to cover that gap for her while you're processing the divorce and provided you are working.Play wisely Br

[oni82]

What is CSI?

[CR001]

CSI = comprehensive sickness insurance

[oni82]

I think we're missing the point here!She has said she wants to leave the country in Feb/March two months before our 3 marriage aniversary, is she does so then how can I use CSI or else?

[Obie]

No you can't . As she has left the UK.

The test is not to only have CSI, but also financial resource to which the EEA national has access.

[oni82]

What if she left the UK just after we commence divorce procedures ?

[Obie]

What if she left the UK just after we commence divorce procedures ?

Well you may be ok as I have suggested earlier.

[oni82]

Obi, or anybody else,

When it comes to divorce and three years minimum married, does the time which you started divorce or you must have been married for 3 years before you receive decree absolute?

My solicitor (highly ranked in London) reckons that I can start the divorce before we complete 3 years of marriage as long as we have completed these 3 years at the time of decree absolute! I sounded very confident about this!!!

Please share your knowledge and experience!
Thanks

[Obie]

Well it is laughable that you said highly reputable.

That lawyer may well be good on UK immigration law but certainly not in EU law.

What he adamantly advise you wrongly about is something he could have ascertained quite easily, by consulting his law book.

My view is that he is wrong, that may well have been a practise before, but not any longer, and policy has been tightened to comply with the regulations and the Citizen directive, and the CJEU has confirmed the position.

[oni82]

any link I can find this info please?

[Obie]

Link on what?

To prove you lawyer is right?

[oni82]

Actually I want to prove him wrong! And I want to put my mind in peace so I can focus on correct information. Thanks Obie

[Obie]

Hopefully you are the last that I will need to show regulation 10 (5)(d)(i) to.

[oni82]

thank you man! appreciate your time indeed!

[Obie]

Most welcomed. Hopefully this you eminent London Solicitor will not got upset with Immigration boards and it's moderators.

[vinny]

What if she left the UK just after we commence divorce procedures ?

That may be okay. Be careful: Singh and Others v Minister for Justice and Equality (Directive 2004/38/EC) Case.

Should initiate divorce proceedings before the EEA national leaves the UK.

[Obie]

Interestingly enough Singh case has a negative impact on favourable Irish case laws.

In my opinion it does not change the EEA Regulations, if anything it is slightly more favourable that the regulation.

I thought about it, and decided to only deal with it on the Irish Forum.

[oni82]

hahaha who cares! as long as I get this thing done

[oni82]

hi guys sorry just read your recent posts! my "haha comment" was regarding my solicitor's juvenile mistake! As I understand from Vinnie's post, he's suggesting that I should initiate divorce proccedings before she leaves the uk?! What if we haven't completed 3 years when she leaves?

It's a tricky one and I haven't read any other story like this on the forum before! Thank youuuuu for your time indeed