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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 276
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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This is my situation. I have been married for 5 years with

Customer Question

This is my situation. I have been married for
5 years with my wife who is from Poland and we have been living
together
in England since Feb,2012 till today. I got a resident permit until
2019.
My wife was working for initial 2 years until in 2014 she decided
to continue her study and currently a student.
At the beginning we were not aware that we both need to have
comprehensive sickness insurance to exercise treaty right as
student, hence for ONE YEAR we were NOT covered by sickness
insurance . However at present we are covered by private
comprehensive sickness insurance.
Unfortunately things are not working for us and we going to get a
divorce so I would like to understand what will happens to me in
this situation if i want to continue to stay in UK.
1. I understand that I can apply for RETAINED RIGHT OF RESIDENCE,
but what i'm not sure is do i need to provide evidence of EEA
partner was exercising treaty right thought the period of our
marriage (5 years) for my retained right of residence application?
2. Is it enough to show if EEA national have been exercising free
movement rights
at which the marriage was legally terminated (that is, when the
decree
absolute was obtained).
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Frantz I replied 10 months ago.
Hello Thank you for your enquiry. Where a family member ceases to be a family member of a qualified person because their marriage had been terminated (decree absolute) and they had been in the UK employed, self-employed or as a family member at the time, then prior to the initiation of the termination, the marriage had lasted at least 3 years and the parties to the marriage remained in the UK, then it is likely that the family members might acquire independent rights ( retained rights). You are required to inform the Home Office of any change of circumstances. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 10 months ago.
What are the requirement of RETAINED RIGHT OF RESIDENCE? do i need to provide evidence of EEA
partner was exercising treaty right thought the period of our marriage or only for the period at which the marriage was legally terminated (that is, when the decree absolute was obtained).
Expert:  Frantz I replied 10 months ago.
HelloThank you for your enquiry.I am happy to answer further questions after you have rated the first if you would be so kind.
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 276
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Frantz I and 3 other Immigration Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Frantz,I've rated can you please help me to answer my question?
Expert:  Frantz I replied 10 months ago.
HelloAs part of an application for retained rights you will need to provide all the evidence that your partner was exercising treaty rights throughout the period of your marriage and as a family member of the EEA national. Thank you for rating - very much appreciated.

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