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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7674
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am here on a 5 year Resident Card as a spouse of an EEA national.

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I am here on a 5 year Resident Card as a spouse of an EEA national. We are in the process of divorcing or nullifying the marriage. Does the Home Office accept dissolution documents from our overseas country where the marriage and all the documents on it took place? Both of us are however residence in the UK.
Thomas
Hi,
Thanks for your question.
When did you originally marry?
When did you come to the UK on your residence card?
Kind regards,
Tom
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Customer: replied 3 years ago.

We have been married by custom for 32 years now but the actual registration at law courts was done 2009.

I came to the UK in October 2010
Hi,
Thanks for your reply.
Drafting your answer now. 5 mins please
Tom
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Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If it is the case that you have been married to your EEA national for 3 or more years and have lived for at least one year in the UK up to this point then you will have to apply for Retention of your Treaty Rights.
This is where a non-EEA spouse divorces from their EEA spouse but because they meet the time requirements above they can stay in the UK until the end of their residence card and thereafter apply for permanent residence.
This right is contained in regulation 10 of the Immigration (EEA) Regulations 2006.
A divorce validly carried out in another country is legally valid in the UK. For the purpose of the home office though you will need to have the relevant divorce documents translated in to English if they are in another language. In order for the home office to accept them you must have them certified by a professional and certified translator. Once you have done this you can submit the originals and the translations provided and the home office will accept them.
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
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Customer: replied 3 years ago.

Thanks for your answer but can the family members of both parties who supported and signed for the marriage be made to sign for the divorce since both of us are all in this country? This is because my EEA member wants her family to get directly involved with the process.

Hi,
It would depend entirely on the laws of the country in which the divorce is proceeding.
Different countries have different rules.
Kind regards,
Tom
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