please advise on ROR after divorce

[dunca]

please i need you advise on ROR after divorce. married may 2010. sadly due to marital
problems divorce initiated dec 2013, decree absolute pronounced march 2014.

my question is as i have about 13 months left before PR, is it still advisable to apply for ROR. not sure how long the processing takes. is this an application thats is best done with a solicitor?

i have discussed possibility of applying ROR with my ex-wife who is an EEA as i will need her work documents. our divorce was mutually agreed so we are not enemies.

if i am to go ahead with ROR application, do i need to show her treaty documents from the
marriage date?

my ex has constantly been working as a self employed person. and i can provide these docs
to confirm that.

1) complete SA forms for FY 2010-2011, 2011-2012, 2012-13, 2013 -2014 (want to wait till
april when ex does her tax returns before applying so i can get the 2013 -2014)

2) SA statements with reciepts of payments for the FY years above

3) invoice booklets from 2010-2014 (these will weigh a ton though)

4) Letter from EEA's account

6) print out of eea business adverts on websites and printout of eea business website

7) utility bills in both names to prove cohabitation

8 - official letters with ex name to our address, eg from electoral roll

9) Non eea's proof of employment (p45s /P60s).. how many is best to add please

10) Decree absolute

if i am to apply for ROR , do i have enough documents please. do i need to provide the docs

covering the entire marriage years.

what is usually the timeline for ROR

thank you very much as you take your time to read this lengthy message and provide me with
an advise.

[dunca]

Can someone advise please

[askmeplz82]

You are wrong for ROR

You need to show

- Lived together in the UK for minimum 1 year
- Married for 3 years
- She was exercising treaty right before decree absolute

A person will qualify for retention of residence, if he/she is able to show that on termination of the marriage, his or her ex spouse was a qualified person.

There is, and has never been a requirement that they show the Ex EEA spouse was qualifed throughout the currency of the marriage for the person to qualify for retention.


if you look at this forum almost 90% ROR case refused just because NON EEA national failed to show any evidence of EEA national exercise treaty right just before decree absolute.

[uk2005]

its batter do tax return 2013-2014
than apply ROR
also they want see your employment make sure your working...
mine had same situation got refuse no invoice time if divorce and ask for my work
both i had sadley in appeal ....

[dunca]

You are wrong for ROR

You need to show

- Lived together in the UK for minimum 1 year
- Married for 3 years
- She was exercising treaty right before decree absolute

A person will qualify for retention of residence, if he/she is able to show that on termination of the marriage, his or her ex spouse was a qualified person.

There is, and has never been a requirement that they show the Ex EEA spouse was qualifed throughout the currency of the marriage for the person to qualify for retention.


if you look at this forum almost 90% ROR case refused just because NON EEA national failed to show any evidence of EEA national exercise treaty right just before decree absolute.

Thank you.
From what you are saying, I should only show eea threaty documents in the past 1 year which should also cover the duration of divorce from initiation to desolution?

[dunca]

its batter do tax return 2013-2014
than apply ROR
also they want see your employment make sure your working...
mine had same situation got refuse no invoice time if divorce and ask for my work
both i had sadley in appeal ....

Many thanks for your reply.
Are you saying that invoices needs to be included.

Yes I work. What type of document is best to include to demonstrate this (p45, P60?) and will this be for 1 year?

[askmeplz82]

you exercise treaty right from the date decree absolute issued not before

1 year is enough before decree absolute but also send some proof ( 5/6 months ) that you two lived together after marriage

[dunca]

you exercise treaty right from the date decree absolute issued not before

1 year is enough before decree absolute but also send some proof ( 5/6 months ) that you two lived together after marriage

thanks for your time in answering my question... but based on your last comment , dont understand what you mean by showing proof we lived together 5-6 months after divorce. that cant be possible?

on your previous comment where u listed requirements for ror, you mentioned 3 years of cohabitation needs to be shown, that kinda contradicts what you stated on the later post.

forgive me but my brains are now screwed up, i need to be sure i am doing the right thing and putting in the right documents. i wouldnt want to have problems after application is lodged.

do u also have any place supporting documents requirements for ror are listed , specifically stating the periods the documents should cover.
Please i will so much appreciate your help

[dunca]

my other question is, will i run into problems for not submitting eea bank statements to support proof of threaty rights. my ex who works as a self employed as a cleaner receives payment in cash but have invoices for all the work done.

can someone with similar experience answer this please or a senior member

many thanks

[askmeplz82]

Find the word "cohabitation" in my previous post

4/5 after marriage not divorce ; but you can show longer 2-4 years. Under EEA law it is not requirement for the couple to live together under same roof but it is good to show proof so UKBA do not consider it a shame marriage

3 years marriage : even if you do not live together until decree absolute date you are still married legally

Read more here UKBA response :

https://www.whatdotheyknow.com/request/ ... ce_card_af

[dunca]

Many thanks for all your answers.

i thought of opening another thread but want to try on this existing thread first.

can someone please let me know if there is a problem with applying via self-employed route without submitting a bank account .
my wife worked a domestic cleaner and gets paid in cash. she isn't willing to give me her personal back account as its got nothing to do with her business. i have her work invoices to customers and all other docs as listed above.

I would highly appreciate if someone has had a similar experience. or an advise from a senior or experienced ,member.

please help!!!

thank you