Retained Right of Residence

Klaudia Sonko

New Member
Hello,
I didn't know where to write and I need an answer if possible.
I got divorced in June'14, and my ex husband was asking me to give him my passport and wage slips with explanation that he needs it for HMRC to let them know that we got divorced.
I refused and called HMRC and the gentleman told me that I don't have to give him anything, that all "depends on me" and here is my issue.
I have a letter from my ex immigration solicitor saying that I have to give it to them, because we have daughter.. we were separateed for a long time (it's a long story). I phoned that gentleman and he was "funny" with me sayung that i have to do that as my ex has accsess to our daughter and if i won't do that he will fill the form to the court to force me. Then I went with that letter to my solicitor and he didn't like it either but he couldn't answer me so I went to CAB and they didn't like that too, but they are not specialists in immigration so they couldn't help me too.
My question is, after getting divorce do I have to give my documents for my ex husband to fill his "Retained Right of Residence"?
I am trying to get in touch with HMRC since last friday and noone is answering.
Thank you
 
US law does not require one spouse to give the other spouse their passport for any reason.

If you have to surrender your passport over some legal issue, it would be given to the court or your country's embassy, not your husband, and it would require a court order to force you to do that. So DO NOT surrender your passport to anybody without a court order.

If you need to provide ID for some marital or custody issue, get another ID like a state ID or driver's license, and keep your passport out of it.
 
The OP is located in the UK (based on references to HMRC, CAB and so on).

In reality this sounds like a situation where the husband depends on the OP for his immigration status and the payslips angle makes me think there is a question of child support. It would be a mistake to hand over the documents without legal assistance. You need to engage a lawyer, as it stands you are going everywhere for various opinions and that is not the right approach.
 
US law does not require one spouse to give the other spouse their passport for any reason.

If you have to surrender your passport over some legal issue, it would be given to the court or your country's embassy, not your husband, and it would require a court order to force you to do that. So DO NOT surrender your passport to anybody without a court order.

If you need to provide ID for some marital or custody issue, get another ID like a state ID or driver's license, and keep your passport out of it.

I am sorry I forgot to add that I am from UK,
For me it does not sound right and I am trying to look everywhere I can online and there is nothing stated that "I have" to give my documents to my ex. I feel trapped as even looking for a legal advice is so difficult.. if I will talk let's say on the phone to the right person I will hear that they can't really help me..
I feel "trapped" in some way.
 
The OP is located in the UK (based on references to HMRC, CAB and so on).

In reality this sounds like a situation where the husband depends on the OP for his immigration status and the payslips angle makes me think there is a question of child support. It would be a mistake to hand over the documents without legal assistance. You need to engage a lawyer, as it stands you are going everywhere for various opinions and that is not the right approach.

What "OP" stands for?
My ex basically explained that to me like that:
We got married and we put both our documents to Home Office in UK, and we had to wait couple of months for his visa which was EEU family member one, so now because we are divorced I have to give him my passport and wage slips first and six months later I have to give him my all working history like P60 for the time we have been married. I don't think it got anything to do with child support. When I was clearly asking his solicitor I just had an answer "because you two have child" the child maintenance is already sorted by maintenance department.
It is confusing.
The solicitor mentioned if I won't give it to them then the court will be involved and I will be forced to do that, which I will wait for that order.
Thank you
 
What "OP" stands for?
My ex basically explained that to me like that:
We got married and we put both our documents to Home Office in UK, and we had to wait couple of months for his visa which was EEU family member one, so now because we are divorced I have to give him my passport and wage slips first and six months later I have to give him my all working history like P60 for the time we have been married. I don't think it got anything to do with child support. When I was clearly asking his solicitor I just had an answer "because you two have child" the child maintenance is already sorted by maintenance department.
It is confusing.
The solicitor mentioned if I won't give it to them then the court will be involved and I will be forced to do that, which I will wait for that order.
Thank you


OP = Original Poster (You).

You are obviously dealing with a complex situation, however, you are not explaining yourself well here, and I imagine your investigations online are just serving to confuse you more. I'll say this again. You need to engage a solicitor/lawyer that you trust and then do whatever they tell you to do.
 
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