# Right of residence under EEA rule after divorce?



## bestbingo (Dec 26, 2012)

hello I am family member of eea national in the uk. We got married in april 2011 in my country morroco 
after one year I travled to the uk in april 2011 for start live with my wife 
I have my residence card for five years 
my relation with my wife go to done 
my wife now want divorce 
in april 2014 I will be have 3 years married 
2 years with my wife in the uk + one year in my country before my travel to the uk
if I do divorce I will be have right fot stay in the uk after divorce
and my important question is 
the first year of my married when I been in my country and my wife in the uk is will be counted or not 
thank you


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## Joppa (Sep 7, 2009)

You need to have been married for 3 years before divorce proceedings are initiated, and it can include the time you were together outside UK. You need to have lived together for at elast one year together in UK, which you have.
The only other condition to be satisfied is you are exercising treaty rights in UK as though you were an EEA citizen, such as by working or self-sufficient. Are you?



> A person who ceases to be a family member of an EEA national who is a qualified person or who has acquired permanent residence on termination of a marriage or civil partnership will retain a right of residence if:
> the marriage or partnership lasted for at least *three years *immediately before the initiation of proceedings for divorce, annulment or dissolution, and the parties to the marriage or civil partnership had resided in the UK for at least *one year *during the duration of the marriage or civil partnership, or the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
> In such circumstances a family member retains a right of residence if:
> (a) S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
> ...


https://contact-ukba.homeoffice.gov...ts/policyandlaw/ecis/chapter2.pdf?view=Binary


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## bestbingo (Dec 26, 2012)

sir 
I working full time and my wife aswell 
I have three years married 
2 years in the uk +one year I was in my country alone .and my wife was in england 
in this time 
so my question this first year in my country will be counted or not
thank you


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## Joppa (Sep 7, 2009)

I've already said it does.
So you seem to meet the criteria for retained right of residence. Just make sure she doesn't start divorce proceedings until after your third wedding anniversary.


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## Jrge (Mar 22, 2011)

Hi,


Joppa said:


> I've already said it does.
> So you seem to meet the criteria for retained right of residence. Just make sure she doesn't start divorce proceedings until after your third wedding anniversary.


OP fully meets all requirements, and even if their EU spouse files for divorce tomorrow, he has already "earned" the right to stay.

Animo
(Cheers)


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## Joppa (Sep 7, 2009)

Even if the rule says 'the marriage or partnership lasted for at least three years *immediately before the initiation of proceedings for divorce*'?


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## Jrge (Mar 22, 2011)

Hi,


Joppa said:


> Even if the rule says 'the marriage or partnership lasted for at least three years *immediately before the initiation of proceedings for divorce*'?


It's just a numbers game, and for as long as OP is not officially served with the proceedings, the clock is still ticking. He could delay this for up to 90 days, should it be needed.

Last year we handled a case where incumbent had been married for 2 years and 9 months. When we submitted the first application 2y10m it was rejected, but we had our client seeking "marital counselling" until the 2y11m Mark came in. After that, we resubmitted application and it was approved in 3 weeks.

Lots of evidence, emails, marital guidance, Pastor's recommendation, dates, trip to Paris, contract of employment, council tax bill, etc. Sometimes compassionate grounds and honesty, play a huge role in Case Worker's decision.

Animo
(Cheers)


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## Maxmehar (Mar 23, 2014)

*Right of racedence after divorce*

Hi 
I max .i was merry with a polish women 
Before 3years and on residence card spend 
2.5 years .in my marriage years I work through out 
But my wife works 1.5 because she lose the job 
But after we apply a lot for job but she did not get any job yet 
And want divorce .under this circumstances can I still
Apply retain right of residence .
For 1.5 we apply a lot jobs I have all proofs
For that .she was on benefit like job seekers and room benefits 
That's all .we haven't apply for Divorce yet .
If I can't apply so then what I have to do to I can do that 
Thank you


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## bestbingo (Dec 26, 2012)

*Advice pls*

hi joppa
I need advice from you please
I m familly member of eea 
I have 2 years married no more . and now my wife really she stress me every day problems . she has now boy friend . and she want take me out from my home she want take my home for her alone .because she want bring her boy friend
now I have no choice .
I've become threatening me to divorce
.my question is what I can do for have right of residence 
I read about ruler .and I know Imust have at least 3 years married +one year at least live in the uk with my wife.
but Ihave only 2 years married . andI leave one year in the uk with my wife .I m working full time and my wife aswell 
I have all document about this 
can have advice about this please
thank you


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## Joppa (Sep 7, 2009)

I'm afraid you don't qualify for retained right of residence.


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## _shel (Mar 2, 2014)

You need to stop spamming our members, particularly our moderators with your questions. Especially as you have already been given an answer. 

If you have questions post them on the forum. I suggest members who recieve repeated PM or visitor messages block the person if causing annoyance.


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## mrshany (Sep 25, 2014)

Hi. I came to UK with my husband who is egyptian (I am british) and he now has 5 year residence card. I need to know if we divorce will he be able to stay here or will he have to go? We married February 2013 and came to UK November 2013 and we have one child. I don't want him to lose contact with child which is why I ask.


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## Joppa (Sep 7, 2009)

You need to have been married for 3 years and been living with him in UK for one year, so he can be told to leave UK. Having a child can be used in mitigation but I suggest you get professional advice from a lawyer.


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## Filaola1 (Mar 14, 2015)

*Mr*

Hello,my name Is ola James, I got married in 2009 with eea national ,we both lived together for one year,and we both lived apart for two year during these time we both are exercising our treaty right. But things went wrong and we got divorce later .please can I still retain my right of resident.


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## mark1989 (May 18, 2015)

*information required*



Joppa said:


> I'm afraid you don't qualify for retained right of residence.


I am living with my EEA national partner (now wife) from 20 june 2012 and after 1 year of durable relation we think we can go for marriage. we been to marriage in july 2013 and 
i got the 5 year family member of EEA residence card on November 2013.
Now after 2 year of marriage she is not interested in marriage not she need a divorce 
my question is can if we get divorced as non EEA national can i use my 1 year durable relationship as getting retained right of residence or not ?


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## Joppa (Sep 7, 2009)

No. You need to have been married 3 years.


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## mark1989 (May 18, 2015)

*??*



Joppa said:


> No. You need to have been married 3 years.


3 year start from the date of marriage in registrar office or date of getting EEA family visa ?


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## Joppa (Sep 7, 2009)

On your wedding date.


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