Retention of Rights (Divorce) on Self Sufficiency

[mtsgill]

Dear Moderators and Experts,

I need your opinion on my case, I am a Non-EU Spouse of my EEA National partner. My timeline is briefly as follows:

Married: March 2011
First Application was refused (Wife was self employed then)
Second application ( Not enough evidence, hence refused)
Third Time : Applied on Self Sufficiency basis (My Employment and her CSI)
UKBA visited home check (none of us were at home!)
Refused on grounds of too many rejections in the past, marriage of convenience
Appealed to First Tier Via Lawyers and attended oral hearing (together with partner)
Granted RC Finally in 2013!!!!! valid through 2018
After all, marriage broke down irretrievably and divorce proceedings started in Oct 2014 (After 3 years and 7 months) Nisi obtained in July 2015 and Absolute September 2015
She has been cooperative throughout the process and Ever since issue of RC, she has been exercising treaty rights as Qualified Person (Self Sufficient) with my full time employment. She also held CSI since then. We do have letters, tenacy agreements, statements, HMRC correspondence etc as residence proof.

NB: Some might point out that I am required to have CSI too; actually HO Lawyer did bring this during the First Tier appeal and my argument was that I pay UK taxes so I am subject to full NHS treatment and judge allowed it (I have it in writing in appeal decision paperwork)

Now, I am going to complete 5 years of marriage in 6 months. I understand that I need to apply for ROR first, Is this correct?
If yes, then do I have enough documentation to support my case? Do I need to write a cover letter to explain all this as well as previous APPEAL documentation?
HO already lost appeal against us on the grounds of Sham Marriage, can they object on anything else this time? My ex is willing to support me in any way though!

Any suggestions, opinions would be highly appreciated.

[noajthan]

Dear Moderators and Experts,

I need your opinion on my case, I am a Non-EU Spouse of my EEA National partner. My timeline is briefly as follows:

Married: March 2011
First Application was refused (Wife was self employed then)
Second application ( Not enough evidence, hence refused)
Third Time : Applied on Self Sufficiency basis (My Employment and her CSI)
UKBA visited home check (none of us were at home!)
Refused on grounds of too many rejections in the past, marriage of convenience
Appealed to First Tier Via Lawyers and attended oral hearing (together with partner)
Granted RC Finally in 2013!!!!! valid through 2018
After all, marriage broke down irretrievably and divorce proceedings started in Oct 2014 (After 3 years and 7 months) Nisi obtained in July 2015 and Absolute September 2015
She has been cooperative throughout the process and Ever since issue of RC, she has been exercising treaty rights as Qualified Person (Self Sufficient) with my full time employment. She also held CSI since then. We do have letters, tenacy agreements, statements, HMRC correspondence etc as residence proof.

NB: Some might point out that I am required to have CSI too; actually HO Lawyer did bring this during the First Tier appeal and my argument was that I pay UK taxes so I am subject to full NHS treatment and judge allowed it (I have it in writing in appeal decision paperwork)

Now, I am going to complete 5 years of marriage in 6 months. I understand that I need to apply for ROR first, Is this correct?
If yes, then do I have enough documentation to support my case? Do I need to write a cover letter to explain all this as well as previous APPEAL documentation?
HO already lost appeal against us on the grounds of Sham Marriage, can they object on anything else this time? My ex is willing to support me in any way though!

Any suggestions, opinions would be highly appreciated.

If you are divorced am not quite clear what you mean by completing 5 years marriage in 6 months time.

Anyway this similar scenario may illuminate your case:
http://www.immigrationboards.com/eea-ro ... 27108.html

For RoR:

You are also required to show, that at the time of divorce, your ex-wife was a qualified person.

It appears, based on your stated facts, that you could shoot for RoR.
However you have not served enough time exercising treaty rights for PR yet, (although your PR clock appears to be still running).

[mtsgill]

Dear Moderators and Experts,

I need your opinion on my case, I am a Non-EU Spouse of my EEA National partner. My timeline is briefly as follows:

Married: March 2011
First Application was refused (Wife was self employed then)
Second application ( Not enough evidence, hence refused)
Third Time : Applied on Self Sufficiency basis (My Employment and her CSI)
UKBA visited home check (none of us were at home!)
Refused on grounds of too many rejections in the past, marriage of convenience
Appealed to First Tier Via Lawyers and attended oral hearing (together with partner)
Granted RC Finally in 2013!!!!! valid through 2018
After all, marriage broke down irretrievably and divorce proceedings started in Oct 2014 (After 3 years and 7 months) Nisi obtained in July 2015 and Absolute September 2015
She has been cooperative throughout the process and Ever since issue of RC, she has been exercising treaty rights as Qualified Person (Self Sufficient) with my full time employment. She also held CSI since then. We do have letters, tenacy agreements, statements, HMRC correspondence etc as residence proof.

NB: Some might point out that I am required to have CSI too; actually HO Lawyer did bring this during the First Tier appeal and my argument was that I pay UK taxes so I am subject to full NHS treatment and judge allowed it (I have it in writing in appeal decision paperwork)

Now, I am going to complete 5 years of marriage in 6 months. I understand that I need to apply for ROR first, Is this correct?
If yes, then do I have enough documentation to support my case? Do I need to write a cover letter to explain all this as well as previous APPEAL documentation?
HO already lost appeal against us on the grounds of Sham Marriage, can they object on anything else this time? My ex is willing to support me in any way though!

Any suggestions, opinions would be highly appreciated.

If you are divorced am not quite clear what you mean by completing 5 years marriage in 6 months time.

Apologies for not being very clear, what I wanted to state is that I would be completing 5 years under EU regulations around that time.

Anyway this similar scenario may illuminate your case:
http://www.immigrationboards.com/eea-ro ... 27108.html

For RoR:

You are also required to show, that at the time of divorce, your ex-wife was a qualified person.

It appears, based on your stated facts, that you could shoot for RoR.
However you have not served enough time exercising treaty rights for PR yet, (although your PR clock appears to be still running).

Yes, you are right. After attaining ROR then I can always go for PR. Quick question, would I get another 5 years for ROR or shorter period of time?

[noajthan]

If you are divorced am not quite clear what you mean by completing 5 years marriage in 6 months time.

Apologies for not being very clear, what I wanted to state is that I would be completing 5 years under EU regulations around that time.

Anyway this similar scenario may illuminate your case:
http://www.immigrationboards.com/eea-ro ... 27108.html

For RoR:

You are also required to show, that at the time of divorce, your ex-wife was a qualified person.

It appears, based on your stated facts, that you could shoot for RoR.
However you have not served enough time exercising treaty rights for PR yet, (although your PR clock appears to be still running).

Yes, you are right. After attaining ROR then I can always go for PR. Quick question, would I get another 5 years for ROR or shorter period of time?

Well the Gov UK website just says a RC can last up to 5 years.

But anyway after 5 years of residence in UK you can automatically acquire PR...

You can also get permanent residence if you’ve lived in the UK for a continuous period of 5 years:

...
first as the family member of an EEA national and then with a retained right of residence

Ref: https://www.gov.uk/apply-for-a-uk-resid ... dence-card

[Sam_12357]

Dear Moderators and Experts,

I need your opinion on my case, I am a Non-EU Spouse of my EEA National partner. My timeline is briefly as follows:

Married: March 2011
First Application was refused (Wife was self employed then)
Second application ( Not enough evidence, hence refused)
Third Time : Applied on Self Sufficiency basis (My Employment and her CSI)
UKBA visited home check (none of us were at home!)
Refused on grounds of too many rejections in the past, marriage of convenience
Appealed to First Tier Via Lawyers and attended oral hearing (together with partner)
Granted RC Finally in 2013!!!!! valid through 2018
After all, marriage broke down irretrievably and divorce proceedings started in Oct 2014 (After 3 years and 7 months) Nisi obtained in July 2015 and Absolute September 2015
She has been cooperative throughout the process and Ever since issue of RC, she has been exercising treaty rights as Qualified Person (Self Sufficient) with my full time employment. She also held CSI since then. We do have letters, tenacy agreements, statements, HMRC correspondence etc as residence proof.

NB: Some might point out that I am required to have CSI too; actually HO Lawyer did bring this during the First Tier appeal and my argument was that I pay UK taxes so I am subject to full NHS treatment and judge allowed it (I have it in writing in appeal decision paperwork)

Now, I am going to complete 5 years of marriage in 6 months. I understand that I need to apply for ROR first, Is this correct?
If yes, then do I have enough documentation to support my case? Do I need to write a cover letter to explain all this as well as previous APPEAL documentation?
HO already lost appeal against us on the grounds of Sham Marriage, can they object on anything else this time? My ex is willing to support me in any way though!

Any suggestions, opinions would be highly appreciated.

Hi.i have a question.do you think you can get ROR visa after divorce by proving that ur ex was qualified person as a self sufficient?tnxs

[noajthan]

Hi.i have a question.do you think you can get ROR visa after divorce by proving that ur ex was qualified person as a self sufficient?tnxs

Yes, if you can submit adequate documentary supporting evidence.

[Sam_12357]

Hi.i have a question.do you think you can get ROR visa after divorce by proving that ur ex was qualified person as a self sufficient?tnxs

Yes, if you can submit adequate documentary supporting evidence.

Hi tnxs for this but i didn't understand well.i know for self sufficiency you need CSI and money should be in joint account so EEA national can use that money but when you are proceeding divorce so mostly chances are that your relation is not not good with your EEA national then how you can prove that EEA national was self sufficient based on your income or saving?

[noajthan]

Hi tnxs for this but i didn't understand well.i know for self sufficiency you need CSI and money should be in joint account so EEA national can use that money but when you are proceeding divorce so mostly chances are that your relation is not not good with your EEA national then how you can prove that EEA national was self sufficient based on your income or saving?

Good question.

You can see the HO guidance, including advice to caseworkers on how to handle such cases (eg divorce) where evidence may not be complete:
https://www.gov.uk/government/uploads/s ... _clean.pdf

For example, see page 15, also page 31.