EU Retention

[Olga5]

Hello

I would be very grateful if anyone could give some giudance and information regarding an application for a Retention of EEA Rights by a non-EU national.

I have been married to an Italian national since October 2004. My family permit was issued on January 2005 and is valid until January 2010.

I am planning to file for divorce and was wondering what should I do next:

- as I was married for more than 3 years and my Italian husband was living in the UK until December 2005 ( more than 12 months), I should be able to apply for a Retention of EEA Rights;

- I have contacted the Home Office in order to know the documents requirements,however, they were unable to give me any certain answer and I am in the view that I only need to provide my passport, decree absolute and letter explaining that my circumstances have changed.

Can anyone please confirm that these are the only documents required for my application? And what will be the outcome? Will I get a new visa endorsement in my passport? When can I apply for Permanent Residence? Is it going to be in 2010, or after another 5 years?

Many thanks in advance for your advice.

[sakura]

Duplicate post: http://www.immigrationboards.com/viewtopic.php?t=24395

[Olga5]

Duplicate post: http://www.immigrationboards.com/viewtopic.php?t=24395

It is my post, I think I placed it it the wrong category... Can not remove it, unfortunately.

[thsths]

- as I was married for more than 3 years and my Italian husband was living in the UK until December 2005 ( more than 12 months), I should be able to apply for a Retention of EEA Rights;

That is within the letter in the law, but it is also uncomfortably close to the minimum duration. The Home Office may suspect a marriage of convenience, especially if you have not been together before getting married.

Anyway, as I understand it, retention of rights is an automatic process. You should still inform the Home Office of your changed circumstances, but this is not an application. So a copy of the decree absolute should be sufficient.

When can I apply for Permanent Residence? Is it going to be in 2010, or after another 5 years?

You can apply 5 years after you came to the UK under community law. And you will need to provide a lot of documentation, including proof of cohabitation.

Tom

[Olga5]

"The Home Office may suspect a marriage of convenience, especially if you have not been together before getting married."

Well, I think they may suspect anything they want... Our marriage was genuine and yes, we've been living together prior to getting married...

So you do not think that I should send my passport? My understanding was that I will get some sort of new visa endorsement...

[body]

Hiya Olga,

Having read your post, I must say that am exactly in same situation as you, however, I have made a few phone calls to the OH & I was given different answers.

First answer, been told that I have to use form EEA2 to retain the right of residence.

Second answer, been told that I do not need to do anything and I automatically retain the right of residence and I have to wait until 2010 to apply for PR.

Third answer, been told that I only need to write a letter to the HO and explain the actual situation without sending any formal docts.

After being given a few different answers, I then decided to ring a few solicitors, guess what, one sol wanted £1200,00 for such a case, crazy, and he said he likes to finish early on Fridays I believe its free if you submit it yourself.

Anyway, as you can tell, am in the middle of nowhere.....Any info would much appreciated folks..

My question is very simple..what's going on? Could anyone direct me to the right route?? furthermore, I only have a Decree NISI not a Decree Absolute as am still waiting for it, can I still apply?

Please do not hesitate to contact me fo further details.

Good luck Olga
Best regards

[Olga5]

Having read your post, I must say that am exactly in same situation as you, however, I have made a few phone calls to the OH & I was given different answers.

At least I am not alone here In fact, I was calling the HO as well, and they were giving me the different answers as well. The last one was more convincing so I decided to go his route ( as in my first post).

I am hoping so much to get a clear picture of this situation!

[body]

Hiya Olga5,

Hope you getting there:) here we go...

You willllllllll need more than a passport & a Decree Absolute..How are you going to prove that you lived here for over 3 years and one year spent with your ex-husband..

One of my mate has been even asked to provide pictures +bills etc..as a prove of cohabitation especially in your case since your husband is not residing here despite only one of you need to be in the U.K so that the divorce can take place..

Bear in mind that the HO could ask for anything and each case is different and there always has been discretion on how to deal with a case.

Am not an expert it's just common sense...Hope to hear from others so we can share a few tips..
Sincerely yours,