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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i applied to remain after my divorce and i got

Resolved Question:

i applied to remain after my divorce and i got a new visa but im a bit confused. Because it states " Residence card of a family member of an EEA national.
and the letter sent says i should notify in case i cease to be a family member.
but im already divorce and that was why i applied visa
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.

Thanks question.
Do you otherwise meet the eligibility requirements in order to retain your rights of residence in the event of your divorce?
Kind regards
Tom
Customer: replied 2 years ago.
Yes and my case had to be , ending in my favour.
i've read something like it is a standard visa and that is why they send the letter with it. But I want to confirm. Also my visa came with the name I use to have when married . i'm not longer using my ex husband surname now on my new passport. Is there any complications to gave ahead ?
Expert:  Thomas replied 2 years ago.
,
Did you apply to retain your rights BEFORE you got your final divorce decree (decree absolute)?
Kind regards,
Tom
Customer: replied 2 years ago.
No after, as I had as it was a requirement to present my divorce papers in order to apply .
Expert:  Thomas replied 2 years ago.

Thank you question and patience, I’m Tom and I’ll try to help you.
If you have applied to retain your rights after divorce by using the residence card of an EEA family member then you have done the correct thing.
Basically by retiaining your rights of residence and sending your divorce papers you simply get your residence card reconfirmed in the after you have separated/divorced, so if you have a residence card after the application then you should still be fine.
The letter is a bit confusing but provided that you completed the residence card application form in the correct way to retain your rights by completing section 4 in addition to the rest of the form then you are okay. The letter reference to a family member is most likely a mistke by the home office and your residence in the UK is not in doubt
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
Expert:  Thomas replied 2 years ago.
,
I note that you have not rated my answer at "OK Service" or above. This reflects very badly on me and means that I do not receive credit time I have taken to answer your question.
The answer is correct according to the law, but is there any further clarification that you require in order that you will change your rating to "OK Service"?
I just want to ensure that you are satisfied.
Kind regards,
Tom
Customer: replied 2 years ago.
I only scored you as above because I haven't got the answer regards ***** ***** issues on the visa as my married name. I would like to know if it is ok or not because my new passport states a different name
Expert:  Thomas replied 2 years ago.

I missed that element of your reply.
If you applied after your decree absolute came through then you could either have applied using your married name or your maiden name. Divorced people can still use their married name if they wish.
If you applied in your married name then it should have been issued in your married name. If you applied in your maiden name then it should have been issued in your maiden name.
Provided that you keep your marriage certificate and decree absolute then you are still able to provde that the pesron on the residence card is still the person on your passport, but I would think that it would be a good idea to go to a local solicitor to get them to provide you with some certificate copies of your marriage certificate and your decress absolute so you can clearly show to third parties the situation with your name while retaining the originals at home .
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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