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How to retain the right in case of divorce with EEA National

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Mnc
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Posts: 31
Joined: Thu Feb 19, 2009 11:54 pm

How to retain the right in case of divorce with EEA National

Post by Mnc » Fri Feb 27, 2009 12:36 am

Ok
Got married to an EEA member in Jan 2007, got the 5 year visa/residence document (using EEA1), in June 2007.

Things are not going too well just now, called the home office and found out that we should be married for 3 years before I can retain a right to stay here. Well a problem but not a big one, since we guys are planning an amicable divorce and would probably remain friends, so I can stretch it to 3 years, she would be concerned if I lost my right to live here.

Now what I wanted to know was, How do you apply for this who retaining the right thing?
Is there a form or something?
Also what happens at the end of 5 year period? What forms do I use? Would it still be EEA4, or will I have use the normal form for indefinite leave that you use after a 5 year period?
Is there any chance they can refuse me the right of retention?


Our 3 years will complete in Jan 2010 which apparently is closer then my cars next MOT, so we can workout things, but I need to know where I stand.


I would really appreciate help from people who know the procedure and related law, or those who have been through similar situation.

Thanks

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Feb 27, 2009 7:58 pm

Do a search for all terms on "retention of rights".
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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