Retained Right of Residency CONFUSION....

[RU55IAN]

Hi All!

I am hoping that someone can clarify this situation for me.

I am a NON-EU national.

Got married to an EU national on 09/02/2009

Decree Absolute received on 25/09/2013 (Final divorce)

During our marriage my ex-spouse exercised Treaty rights and even prior to our marriage and during our divorce process and continues to so now the evidence of which was presented to UKBA during my recent application.

I applied for RRR retained rights of residency using form EEA2 on 22/04/2014 and received my new residence card on 02/06/2014, which is valid till 02/06/2019. Very fast! I must admit I am impressed. I was told that in some cases UKBA issues PR card even though the EEA2 form is used.

Now, the question I have is: Can I now apply for PR permanent residence as I have now been in the UK for over 5 years and my old RC would have expired today 09/06/2014 but our marriage existed less than 5 years, 4 years 8 months to be precise.

I was under the impression that if an EEA national exercises Treaty rights prior to marriage and at the time of marriage then when applying for PR the time can be counted from the date of marriage but not from the date of issue of the first residence card.


Someone told me that all the time during our marriage and my ex exercising Treaty rights does NOT now count towards me receiving PR card and it starts from scratch following my retention of rights. Therefore I should count the time before I can apply for PR from the date of divorce.

If this is true then it is very unfair or so it seems.


Hope someone could help.

Thank you!

[askmeplz82]

Rubbish

You 5 years for PR start from the Marriage date, So you can send EEA4 application now if you want to ( EEA national exercise treaty right from 9/02/2009 - 25/09/2013 + your exercise treaty right from 25/09/2013 - 09/02/2014

[RU55IAN]

Thank you for your reply!

The only concern I have is that during our marriage I worked for approximately 1.5 years and all other time I was not officially employed. But I understand that whilst married, non-EU person is a dependant and is not required to work as long as the EU citizen exercises Treaty rights.

Before we got officially divorced I had private medical insurance in place and still have it and was and still am a self-sufficient person and can provide proof of this.

Correct me if I am wrong.

[Imshzd]

First of all can you check how many covering letters you received with your new RC?
And is there any letter saying that your are eligible for PR stay in the UK?

[RU55IAN]

I received just one covering letter, as follows:

I am returning your document which features an endorsement confirming your status.

At present your only claim to remain in the UK is as the family member of a EEA national who is exercising Treaty rights here. If your family member decides to leave the UK, or ceases to exercise Treaty rights, or if you cease to be a family member, you would have to qualify to remain in the UK in your own right.

This Directorate should be notified immediately if your family member decides to leave the United Kingdom, or ceases to exercise Treaty right here, or if you cease to be a family member.

I was explained that this is a standard letter they send to people in such cases but it is complete nonsense, as we divorced nearly a year ago and I enclosed our divorce certificate with this application. They contradict with themselves saying if you cease to be a family member then Directorate must be notified immediately. I want to say: YOU HAVE JUST BEEN NOTIFIED!

From what I understand in some cases people are issued with PR even though they use EEA2 form when applying. I believe that I qualified for PR since 09/02/2014 (date of marriage) as my ex-wife exercised Treaty rights since 2007 when we were just in a relationship and she is still doing it and never stopped.

I am wondering if I can somehow contact my case worker directly and explain that I should have been issued with a PR card and not RRR.

[Imshzd]

It should be 2 papers.
On second paper it should be written your ROR.
It's strange that if your documents meet the PR requirement then HO must have to issue you a rights card.

[RU55IAN]

I absolutely agree!

I only received one cover letter. I heard of similar situations when people had to contact UKBA and request another letter confirming that they have ROR and had it sent with apologies from UKBA.

I really would like to contact my case worker directly and the situation to her before I send my documents again. After all I don't really want to re-submit them and wait as I should have been issued with PR in the first place.

I don't suppose that you could advise on the best way to contact the case worker?

Thank you!

[Obie]

You could write to the caseworker who decided the application, but I see no need in doing so.

You should have used form EEA 4. You cannot use EEA2 and expect to get PR. It does not work that way.

[RU55IAN]

Thank you for your reply Obie!

I personally know 2-3 people who received their PR using EEA2.

I am not sure how I could contact the person who issued my RC.

Can anyone advise please?

Thank you!

[Imshzd]

Write a letter to the person who's name written on your covering letter and sent it to the address where from this dispatched,it should be written on the back of the envelop.

[behold2014]

i have always told Imshzd this

[Obie]

Thank you for your reply Obie!

I personally know 2-3 people who received their PR using EEA2.

I am not sure how I could contact the person who issued my RC.

Can anyone advise please?

Thank you!

Well you are really fortunate to see it in 2 cases. I work in this area, and i have not seen it in the last 5 years. I know this use to be the practice until 2008-2009, but since the case Of OA Nigeria, the HO only issues 5 years resident card to applicant.

The two cases are mostly likely an administrative error, rather than a policy or common practice.

The Unit and the name of the caseworker, is usually on the accompanying letter. I wilk suggest you write to the caseworker and clarify things. His or her name and unit should be on your letter.

[first2013]

Hello to all the members of the house, please can any body help me with about what suporting documents I will need for my naturalisation application and if it's the right time for me to apply now, and I don’t want to apply for parmanent RC because of the long waiting time,
here is my timeline

1) am non EEA Married to EEA national 20/02/2008
2)EEA RC issued 0/08/2009 for 5yers
3)Divorce in 30/11/2012
4) i apply for EEA2 ROR 0/06/2013
5)New 5yers RC issued 30/03/2014
Please Put all together and let know if is the right time to apply, and I only have my EX wife proof of treaty right from 2008 to April2012, so at the point of desision in my ROR application my case worker make a phone call to my ex work place to confirm if she was still working with them by the divorce date 30/11/2012 and the answer was yes, so after that HO issue another 5yers for me with a later confirm I have retail my right of residence as the former spouse of eea national, so my question now is that how I my gonna proof that point of divorce date again, and how many years proof of adress of me and my EX do i need to add, --------- reply me please thanks.

[NickGeorge]

Dear RU55IAN,

myself on the same situation as you, married on march 2010 and divorce on Jan 2014 so, I'm planing to apply for RRR. so if you Can you explain, what all the documents you provide to ukba as an evidence to apply for RRR (retain Right of Residency). and do you provide any covering letter top of the evidence. I think this information will be helpful for many of our member

looking forward from hearing from you

Thanks in advance RU55IAN

kind regards
George

[RU55IAN]

Hi!

The documents I submitted, as follows:

1. My current passport.
2. Photocopy of my ex-wife's passport, it is not necessary but makes it easier for UKBA.
3. My original residence card issued for 5 years.
4. Utility bills in two names covering a couple of years time, but one year for RRR is sufficient.
5. Bank statements just in my name for 3-4 years, but again I believe that one year is enough.
6. Certificate of comprehensive private medical insurance in my name.
7. My wage slips covering 1.5 years.
8. Divorce certificate.
9. I even put 'Life in the UK' certificate but it is not required.
10. My ex-wife's WRS certificates.
11. My ex-wife's wage slips and P60 forms covering 4 years but one year is the least requirement.
12. My ex-wife's contracts of employment.
13. EEA2 form and payment of £55.
14. Special delivery return envelope.

In addition, I enclosed my CRB certificate and some HMRC forms and I included a cover letter describing some personal circumstances in regards to an elderly relative whom I regularly visit and help and asked if they could process my application as soon as possible.

All of the above documents were placed in separate envelopes with titles so it is easier for UKBA to process.


Hope this helps guys!

If you have anymore questions, I will be happy to answer.

[NickGeorge]

Thanks a lot Ru55ian, I hope it give us a clear view about support documents for RRR thanks again.

can you shade some light on covering letter (any template,links which helps or any idea) if you don't mind

Kind Regards
George

[RORnewbee]

Hi..

I need help to fill the right form for ROR. I have eea2 application printex. Do i need to just fill only section 8 or any other sections as well. Please help me as i need to send the form by this week. I got my absolute issued last week. Do not want to delay the process.

Thanks

[Wise]

(RORnewbee).

JUST FILL ANY PART APPLICABLE TO YOU ONLY.