Retained right of residence

[Froudou]

Hi guys I am confused.
I got married abroad and was issued with the residence card one year after but now the relationship is not more working and we both agree to a peaceful divorce.so here is the chronology:
Married: 30/12/2013
Résidence card issue: 08/12/2014
And I am confused because I went a solicitor and he told me that I divorce now I will lose my residence . Can you guys please help and advice me.
Thanks

[Obie]

The solicitor is wrong, based on the limited information you provided.

As you had been married for over 3 years and at least one of those years were spent in the UK, I believe the lawyer is wrong.

[Froudou]

Hi Obie
Can you please tell me what to do and what other information you need to properly advise me

Thanks

[Froudou]

Hi
The solicitor told me that the 3 year start when the residence card is being issued and since i got for just over 2 years I should wait and complete the 3 years of the residence card before starting the divorce proceedings. Me and my ex wife to be are working.
Thanks

[Obie]

I don't think it is worth my time to dignify your solicitor''s ignorance with a response. Suffice to say he is plainly wrong, for the reasons I gave earlier.

[Froudou]

Hi obie
Can you please tell me my options and the proper steps and procedures.

Regards

[Froudou]

Can anyone else help me please?

[Obie]

Where is the European Citizen and what is she doing in the UK.

[Froudou]

Hi Obie
The eu-citizen and I has split up but she still live and works in uk as a care assistant and I am working as well and we live together for more than 2years and a half . She was working during those years.i have all the payslip and p60 and as I said we mutually agreed for a peaceful divorce.
Thanks

[fatimahh]

You said that you have been maried on 30/12/2013,therefore this is were the clock start. you will be entitle to PR in 30/12/2018 provided your EEA is still working in the UK and has not been absent for too long.
Regarding ROR you may start the divorce proceedings if there is no hope of going back together. However if you decide to start the proceedings you must ensure that your partner is a qualified person throughout the proceedings (exercising treaty right and still leaving in the UK) up to the date of decree absolute as you will need to add the proof in your file. You will also need to prove that you are a qualify person (working...) from the date of decree absolute. You will need to provide proof of your relationship, marriage certificate, proof that you have both lived together for at least 1 year (utility bills...) and that your partner was a qualify person during that period.

PS. Just browse through the forum, there is load of similar cases which can prove very helpful in addition to the comments of Guru such as Obie and Noatjan. This is how i used the forum to deal with my ROR.

Hope this help