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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7503
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello . I have just had my decree absolute after wedding with

Customer Question

Hello . I have just had my decree absolute after wedding with my EU wife of 3 1/2 years. How can i apply for my retention of right ?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Had you been married for a total 3 years on the date that the divorce petition was issued?

Have you lived in the UK with your wife for one year during the duration of your married before the divorce petition was issued?

Kind regards,


Tom
Customer: replied 2 years ago.

 


Yes i have been married for 3 years and and 5 months on the date the divorce pettition was issued and i have lived with her for one year during the duration of the marriage before the divorce petition was issued .

Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

On that basis if you have both been exercising treaty rights then you should be able to apply to retain your rights of residence. Please refer to the following link and s7.1 at page 11 for confirmation:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264944/chapter2.pdf

You will have to apply using form EEA2 (residence card application) and be sure to complete the relevant sections within the form that relate to a retention of treaty rights:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/314846/EEA_2_Residence_Card_06-14.pdf

I would do this promptly if you have received your decree absolute to avoid any questions about your status.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7503
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and 2 other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for the info .If i apply for the retention of rights, i will be granted another 5 yrs Visa which i am not quite happy about . Please what is the best pathway for me to get an indefinate leave to remain here. I have been here since 2004 initially as a student.

Expert:  Thomas replied 2 years ago.
Hi,

You will be granted another residence card which will last until the date which is 5 years after your original residence card.

Once you have been on your residence card during your marriage and then on your retained rights of residence then once you reach 5 years in this category then you can apply for Permanent Residence, which is the same as ILR but under EEA rules.

Tom
Customer: replied 2 years ago.

 


Alright. Is it of great importance that i apply for the retained rights of residence now ?

Expert:  Thomas replied 2 years ago.
Hi,

Yes, absolutely. Very important, do it asap.

Tom
Customer: replied 2 years ago.

"Lastly, can you explain more on this issue? I got my residence card November 2011 .I have actually spent 2 and half years of the 5yrs. If i apply for the retained rights of residence , will i have to wait for another 5 yrs before i apply for Permanent residence or after i have spent 2 and half of it ?

Expert:  Thomas replied 2 years ago.
Hi,

NO, you should be able to apply for PR once you have completed the further 2.5 years.

Kind regards

Tom
Customer: replied 2 years ago.

Thanks very much for the info. I wish to send more tip but i cannot locate the link here .

Expert:  Thomas replied 2 years ago.
No problem. Good luck.
Customer: replied 2 years ago.

Hello Thomas

Expert:  Thomas replied 2 years ago.
Hi?
Customer: replied 2 years ago.

I have applied for the Retention of residence through my divorce with my EU partner afteyr a 3 1/2 years marriage. My questions are :


(1) I am a year 2 law student at Birbeck ,University of london . I tried to that the student last year but i wan refused as i was asked for my partners passport which i wasnt able to provide as i was.Though i was categorised as home student by the college ,but the Student Finance dept did not grant my student loan so i had to pay £6750 for last year.


 


2) Will i be able to apply succesfully this year as i am divorced and cwill retain my right ? and pls, how do i go about it ?

Expert:  Thomas replied 2 years ago.
Hi

The student loans company will probably require you to show that you are "settled" here, which means holding PR. So, although it's not really my area, I would think it's pretty unlikely that you would be classed as a home student at the momenbt.

You will only be able to apply for PR once you have 5 years, which from above suggests that you will only be able to apply in 2.5 years time. You would apply using form EEA4 which is on the following page:0-
https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card

Tom
Customer: replied 2 years ago.

ok

Expert:  Thomas replied 2 years ago.
Thanks.
Customer: replied 2 years ago.

Hi. I want to apply for the Retention of Residence after my divorce with my EU wife .I still have the 5 years Resident card which i have used 2 and half years and i also have the Decree Absolute from the Court. To apply for the Retention of Residence .What is the criteria to get my residence retention granted ?


 

Expert:  Thomas replied 2 years ago.
HI,

Please refer to s7.1 at page 11 for confirmation:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264944/chapter2.pdf

Tom

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